Often times, whether within an
executive board, a shareholder committee, a department or unit within an
organization, or owners within a small business, individuals are not in
agreement. Either due to lack of negotiating
skills, or an authoritarian style not suited for nurturing the team spirit,
or simply personality differences and egotistical decision-making, parties in a
group can feel estranged and act rebellious.
During these times, the options are to fight to the bone, separate the
shares either through a buy-out or similar option, or to invite a third party
to serve as a facilitator/mediator.
Mediation is when two organizations, or two individuals, decides to
let an unbiased party hear both sides of a situation and then come to some type
of agreement that satisfies both parties as it pertains to a dispute.
If an organization decides to bring legal action against another
organization or individual, then this process can bring a lot of negative
publicity to the situation and most companies don't want this type of
advertisement. Legal action can be a very time consuming process as well as
being quite costly. One has to utilize a number of resources when it comes time
for legal action. The process will take the focus away from the core business
and will deplete profits, creating unwanted costs. No organization’s mission
statement involves litigation, so anything close to that, is a step in the
wrong direction.
It would be so much easier to have someone representing both parties
and then get all the facts of the case and then work to a conclusion that is
satisfying to all involved. Mediation is less conspicuous than legal action in
addition to being hard on your time, money, manpower and resources. The current
dispute between Arian Foster and Brittany Norwood that’s making headlines (USA
Today) is a prime example. Mediation
concerning her pregnancy and his reaction would save them and their families a
world of heartache and money. Instead, it’s becoming a highly publicized
dispute.
Imagine having to have someone within your organization have
to retrieve files from 5 or 10 years ago, so that you can prepare for legal
action. This takes the individual away from their duties they were hired to do.
For all practical purposes this is down-time or unproductive business practice.
If you are ever at odds with a conflict
situation that isn’t easily maneuverable, mediation may be a good option
for you. In order to help you choose the
right mediator, below are some characteristics to look for. Remember these are at the minimum, depending
on your case, other details may need to be further considered:
1.
Impartiality – Independence and objectivity.
Some people describe this characteristic as “being an honest broker.”
2.
Integrity – Mediators oftentimes convey
information that parties may find disturbing, or difficult to accept. This
requires the candor to communicate
honestly, the courage to follow professional standards, and the strength to
reject unethical suggestions occasionally advanced by participants.
3.
Respect – Responding to disputants as people
with difficult problems under trying circumstances.
4.
Good listeners
5.
Ethical
– Mediators face an array of ethical issues. Chose only those who have agreed
to be bound by published standards from recognized organizations.
6.
Important Personal Traits – Other helpful
qualifications include empathy,
maturity, calmness, analytical skills, persuasiveness, and intelligence.
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