Mediation may not be appropriate for all situations and all approved and reputable mediation agencies have a procedure for assessing the suitability of clients for mediation(intake session).
Intake sessions follow differing formats at various dispute resolution agencies.
They should enable the provision of sufficient background information to identify relevant issues between the parties, explain the process and assist in developing rapport and trust between parties and the mediator which can significantly help in achieving a resolution and the mediation succeeding.
Intake sessions are also invaluable as a screening tool for the mediator to ensure that there are no impediments to the mediation proceeding.
Mediation may be inappropriate or less likely to be successful when:
i) The parties are out of control physically,emotionally or psychologically:
ii)Clients do not have the willingness or capacity to mediate or their mental competence is in question;
iii)There are indications of physical or sexual abuse,child protection issues or a risk of child abduction;
iv)Drug or alcohol addiction is present;
v)A power imbalance between the parties is indicated and not amenable to the mediation process;
vi)Mediation is used by one party to gain information that will or may be used to manipulate,control,harm or disadvantage the other party.
The parties' lawyers have a role to play in determining when mediation is not appropriate.
The lawyer may be concerned that the client may be placed in a vulnerable position vis-a-vis the other spouse.
Where there is a possibility of reconciliation,counselling or therapy may be more appropriate.
Ultimately it is for the mediator to decide whether the mediation should proceed and if so under what conditions.
Sometimes a less experienced mediator will be deterred by factors that will not faze a more experienced or highly skilled mediator.
Mike Emerson
Co-Principal Brisbane Mediations
Friday, December 30, 2011
Wednesday, December 28, 2011
Covey's 3rd Alternative
Interesting article in the December 2011 issue of Management today about Stephen Covey's latest book; The 3rd Alternative:Solving Life's Most Difficult Problems, where the American management guru reiterates the idea that conflicts do not need to be resolved via concessions but rather in ways that benefit both sides.
Covey is recorded as talking of "synergising" the normal two-sided nature of almost all conflict,that is, my way and your way-the first and second alternatives-and going on to find a higher and better way to resolve the conflict, hence a third alternative.
He is said to comment that "In certain tightly competitive situations, like an auto race, people 'lose' " but that"life is not a race and if you want to build a great family or marriage or friendship or even a great company, it makes no sense to think in terms of winning and losing."
As Dowling* notes, the mutual gains approach was earlier stated in the best selling book Getting to Yes by Fisher and Ury,first published in 1981 where the idea was propounded that the focus in negotiations should be on interests, not positions.
Covey's latest offering sounds like an interesting read.He is now in his 80th year and apparently wants The 3rd Alternative to be the book he is remembered for; a big statement considering the success of The Seven Habits of Highly Effective People.He is still searching however as is clear from his comment to Management Today that "those of us who think we've arrived at the "ultimate meaning" of anything are intellectually dead."
* Simon Dowling,chief executive officer of CMA Learning Group Ltd,a Melbourne based consultancy in negotiation, mediation and conflict management.
Mike Emerson
Co-Principal Brisbane Mediations
Covey is recorded as talking of "synergising" the normal two-sided nature of almost all conflict,that is, my way and your way-the first and second alternatives-and going on to find a higher and better way to resolve the conflict, hence a third alternative.
He is said to comment that "In certain tightly competitive situations, like an auto race, people 'lose' " but that"life is not a race and if you want to build a great family or marriage or friendship or even a great company, it makes no sense to think in terms of winning and losing."
As Dowling* notes, the mutual gains approach was earlier stated in the best selling book Getting to Yes by Fisher and Ury,first published in 1981 where the idea was propounded that the focus in negotiations should be on interests, not positions.
Covey's latest offering sounds like an interesting read.He is now in his 80th year and apparently wants The 3rd Alternative to be the book he is remembered for; a big statement considering the success of The Seven Habits of Highly Effective People.He is still searching however as is clear from his comment to Management Today that "those of us who think we've arrived at the "ultimate meaning" of anything are intellectually dead."
* Simon Dowling,chief executive officer of CMA Learning Group Ltd,a Melbourne based consultancy in negotiation, mediation and conflict management.
Mike Emerson
Co-Principal Brisbane Mediations
Tuesday, December 20, 2011
lawyers and Mediation
One of the hallmarks of the success of Brisbane Mediations has been our ready acceptance of lawyers and their involvement in our process.
Whilst we offer mediations without lawyers, we positively encourage parties to bring their lawyers should they wish. This is in marked contrast to some other recognised public mediation providers and relationship centres where lawyers are not only actively discouraged, but excluded from the process.
We recognize that mediation is not a substitute for independent legal advice.
Lawyers can help their clients understand the law, make informed agreements and write up the final agreement. However, their role extends well beyond that.
Just as mediation has grown in acceptance as a worthwhile method of dispute resolution, so too have lawyers adapted their skills in many instances so as to better represent their clients in mediation and assist them to resolve their disputes at an early stage.
Rather than feeling threatened by mediation, lawyers are increasingly adapting to the new legal culture and finding a role for themselves in the dispute resolution process.
Furthermore, many lawyers entrust their clients to our processes with confidence in our neutrality and independence, knowing that we will encourage them to contact and consult with their lawyers as appropriate at any stage of the process.
Furthermore the lawyers know that if agreement is reached in principle, then we will forward the terms of the agreement to the lawyers or invite the clients to do so. Lawyers can then formalize the terms in consent orders and ensure that the agreement reached is both understood by the parties and genuinely reflects their wishes before they sign off on the agreed terms.
Involved lawyers realise that satisfied clients are their best marketing tools and lead in many cases to further referrals to the lawyer.
We would not hesitate to say that the involvement of lawyers in our process and their acceptance of our service has been an important aid to the establishment of our business.
Mike Emerson Co-Principal Brisbane Mediations
Whilst we offer mediations without lawyers, we positively encourage parties to bring their lawyers should they wish. This is in marked contrast to some other recognised public mediation providers and relationship centres where lawyers are not only actively discouraged, but excluded from the process.
We recognize that mediation is not a substitute for independent legal advice.
Lawyers can help their clients understand the law, make informed agreements and write up the final agreement. However, their role extends well beyond that.
Just as mediation has grown in acceptance as a worthwhile method of dispute resolution, so too have lawyers adapted their skills in many instances so as to better represent their clients in mediation and assist them to resolve their disputes at an early stage.
Rather than feeling threatened by mediation, lawyers are increasingly adapting to the new legal culture and finding a role for themselves in the dispute resolution process.
Furthermore, many lawyers entrust their clients to our processes with confidence in our neutrality and independence, knowing that we will encourage them to contact and consult with their lawyers as appropriate at any stage of the process.
Furthermore the lawyers know that if agreement is reached in principle, then we will forward the terms of the agreement to the lawyers or invite the clients to do so. Lawyers can then formalize the terms in consent orders and ensure that the agreement reached is both understood by the parties and genuinely reflects their wishes before they sign off on the agreed terms.
Involved lawyers realise that satisfied clients are their best marketing tools and lead in many cases to further referrals to the lawyer.
We would not hesitate to say that the involvement of lawyers in our process and their acceptance of our service has been an important aid to the establishment of our business.
Mike Emerson Co-Principal Brisbane Mediations
Friday, December 16, 2011
Referral Base
Brisbane Mediations is in the process of developing a referral base of Psychologists, Therapists and other Social Scientists.
Whilst every effort is made to ensure that all the relevant professionals in the greater Brisbane area are included there will inevitably be instances where some are overlooked.
To ensure you are included in the referral base you are invited to forward your professional details to resolve@brisbanemediations.com.au
Whilst every effort is made to ensure that all the relevant professionals in the greater Brisbane area are included there will inevitably be instances where some are overlooked.
To ensure you are included in the referral base you are invited to forward your professional details to resolve@brisbanemediations.com.au
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