Mediation in Phoenix works through the mediator’s use of conflict resolution skills. A good mediator is one that is trained in and experienced using conflict resolution skills. Mediators in Arizona use a number of conflict resolution skills. For example,
Mediators help people generate ideas for resolution and help people consider all aspects of a conflict/agreement.
Mediators know how to help people figure out what they really want. Sometimes people are angry and cannot clearly see what solution would be best for them. Sometimes people’s egos get in the way of a resolution of the dispute. Mediators help people tweak their positions without losing face.
Mediators help people communicate with each other in a way that promotes resolution. Sometimes conflict is simply based on a misunderstanding. When people communicate, misunderstandings can be cleared up. Litigation rarely provides that opportunity. Also, when emotion is involved, communications may only lead to more conflict. Mediators know how to take the sting out of communications in a manner that encourages parties to see other points of view.
Mediators can manage emotion. Mediators know how to address angry people, shut down people, and weepy people. Mediators help people move past the emotions and focus on solutions.
Mediators can help people be reasonable. In mediation people explore the best and worst alternatives to a mediated agreement (is settling better or worse than not settling?). Mediation sometimes includes the use of experts to help people determine what a reasonable solution is.
Mediator provides a forum for quick and easy negotiations. Sometimes mediation comes down to a negotiation (for example – a dollar amount). The mediator goes back and forth between the parties, conveying offers, helping the parties explore the offers and helping the parties create methods to break impasses.
Mediation is based on the concept that, with the help of a trained professional, people can resolve their own conflict best through communication, rather than litigation. As Winston Churchill stated: “To jaw-jaw is always better than to war-war.” Mediators help make those communications effective.
Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona(at)sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.