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K’s first mediation

1. Without breaching confidentiality:

(a) How did you get this mediation?

The person who owns the business is a friend who knew I was just starting out and asked if I could help with an issue she was having with a couple of her staff.  I had done some presentation/facilitation work with her previously.  It was a workplace mediation.

(b) Briefly describe the conflict.

The two staff members concerned both worked in the admin section of the business and appeared to be having a clash of personalities – and it had got to the stage where they were no longer communicating and it was affecting other staff members and the work they were required to be doing to ensure services were delivered

 

2. What pre-mediation information did you have?

Not a great deal, other than they were no longer able to communicate – even via email – and it was affecting others in the office and their output.

Both parties completed a client information sheet prior to meeting – which provided a little detail on how the situation was from their prospective.

 

3. What pre-mediation steps did you take?

I provided the parties with a copy of an agreement to mediate which outlined the process, who was responsible for payment etc – they were required to sign and return agreement (with client info sheet)  to proceed.  Which they both did.

The day before (due to travel requirements) the mediation I met with both parties individually to undertake an intake session – to gain a little more insight and to make sure they were both comfortable and prepared for the mediation.

The intake and mediation were held off-site and not at the workplace.

 

4. How did you feel the mediation itself went? 

Ok – but I found the facilitative process clunky and not really suited to my style of operating.  The parties came to agreement – but, on reflection, I didn’t feel like it was something they both truly wanted to happen.  Their personality differences may have been to great to overcome – one of the parties eventually resigned form the workplace, which was a good outcome I believe.

 

5. What did you wish you knew before you did the mediation?

That I had training/skills in the transformative style of mediation – and that getting a formal agreement wasn’t necessary. 

 

6. What will you do differently, or more of, as a result of your experience in this mediation?

I will use the transformative approach in the future – more of a facilitated discussion than a formal discussion with a set procedure to follow

 

7. What were your key learnings from this mediation?

You do not need to reach a settlement/agreement.  You can focus on a range of possible positive outcomes, not just settlement. The parties can decide what is most important for them, by having a better understanding of conflict, the other party, and themself can be a positive end, even if no settlement occurs.

 

8. Based on your experience in this mediation, what advice would you give other new mediators going into their first mediation?

If it doesn’t feel right – try for another way. 

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