By Maureen Holen & Kate Geary

ediation Works offers the business community a convenient, inexpensive and effective way to prevent and resolve conflicts. Whether the conflict is between individuals within a business or whether it is between a business and others outside the organization, mediation can be used to enhance important business relationships, to keep conflicts from escalating and diverting important company resources unproductively, and to create new ways of communicating in order to avoid or minimize future problems.

Mediation is a voluntary, cooperative problem-solving process. Concerned parties meet together with a mediator and with one another to search for workable, lasting and mutually acceptable ways to resolve their disputes. Mediation Works' mediators many of them highly trained volunteers, are neutral third persons who help the parties communicate their concerns, understand each other's perspectives, identify the issues, and find solutions. Often a team of two mediators is used, with the choice of individual mediators tailored to the needs of the particular case. Mediation sessions are confidential unless the parties themselves agree otherwise. There is a high rate of success in resolving conflict through mediation because the parties in a dispute have participated in creating their own solution.

Mediation can be an especially effective form of alternative dispute resolution in situations where the parties have a continuing relationship. In cases involving employees, for instance, it is often desirable to work out a solution that will allow the people involved to continue working for the company and to maintain a respectful, functional relationship. If a supervisor is annoyed by the way an employee speaks to her, and the employee feels that the supervisor never acknowledges his suggestions, the resentment can build to the point where they have a hard time working together. Often, co-workers don't even think about getting together for creative problem solving. Sometimes they do try to talk, but emotions may be high, and they may not resolve the problem.

Mediation is helpful in such cases because it gives each party a safe setting to talk about the situation from his or her own perspective. Very often, circumstances will be revealed that the other party didn't know about. Once both stories are out, the mediator helps the parties to examine their needs in the situation and to find ways that the needs of both parties can be met--a "win/win" situation. Some solutions are very creative. A mediation session can be a stimulating exchange as the disputing parties and mediators consider all the creative solutions that come to mind, "outrageous" as well as "practical" ones. Surprisingly, it is sometimes the solutions that seem most outrageous at first glance that turn out to be most appropriate.

In other cases, as between a business and a dissatisfied customer, if a dispute is not worked out peacefully, the company may not only lose that customer but can also suffer the "slings and arrows" the customer may hurl its way publicly, and ultimately may even have to spend valuable time and resources seeking a resolution in court.

When a party brings a case to Mediation Works, a staff member will listen to a description of the situation and ask whether the disputing parties have attempted to resolve the situation on their own. Sometimes it's enough just to talk on the phone about ways the calling party might approach the other partly directly. If he or she decides to pursue mediation, the staff member calls other involved parties, explains the situation and invites them to a mediation session.

During the session, the parties explain the situation from their own perspectives, speaking directly and without interruption. Often, merely feeling heard can go a long way toward resolving a conflict. Through this "conversation", the needs of each party are elicited and the relevant issues are identified. Then possible solutions are explored, and very often an agreement is reached. The agreement is written down and both parties sign it and take a copy with them. If problems arise with the agreement or with other matters, the parties are welcome to return to Mediation Works for further work. Even if agreement is not reached, the parties still have their other remedies available to them, and they will have experienced a new way of problem solving that perhaps will allow them to resolve future conflicts more effectively.

Mediation Works is also a source of conflict resolution training services for businesses and agencies. The Center offers a variety of programs tailored to the specific needs of the organization. Groups interested in training should contact Mediation Works' conflict resolution education program for an assessment. Our staff will work with you to develop a program that meets the needs of your business.

There is no fee for Mediation Works' services in disputes between a business and a private individual outside of the company. Services rendered in disputes within a business or between businesses, or conflict resolution trainings, are billed at $50 per hour. The Center handles business-related disputes concerning personal property, money, employer/employee relations, disputes among employees, tenant/landlord disputes, and disputes about the quality of services rendered. Mediation Works does not handle conflicts requiring legal assistance, such as lawsuits, criminal defense, divorce, wills, etc. For more information about the Center, or to request services, please call (541) 770-2468.