The Two Essential Tricks that make Mediation Work

Mediation is often a better option for conflict resolution – why? Because it is faster, affordable and it allows both parties to come to a mutually-acceptable resolution in a way that the courts simply cannot do.

Here are the top two essential tricks that may not be the norm, but they always work.

Never argue about who is right – The main goal of mediation is not to argue until there is a winner, but to come to an agreement that both parties agree on. Usually, in the case of mediation, both parties are well aware of the facts and the legal issues and have had enough time to become familiar with the case. So, arguing is just a time consuming, expensive act that can unnecessarily anger both parties and cause the attention to drift away from the overall goal of settlement.

Leave the hard issues for last – If both parties would like to settle the conflict and come to an agreement then the best thing to focus on first is always money, while leaving the harder issues for later. Once the key term has been agreed on, the parties involved will feel more at ease and some momentum will be created. In mediation deals can often fall apart when the harder issues are out on the table right up front, so consider leaving the more difficult issues until the end.

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labour and contractual disputes as well as divorce settlements. Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.

When is Workplace Mediation Necessary?

Basically all conflicts in the workplace can be dealt with using mediation, as long as the people involved are willing to come to an agreement.

But, what workplace situations are so serious that mediation is well-advised?

-- Sexual Harassment

It is often assumed that people who are involved in a sexual harassment dispute cannot work together to come to an agreement. However most sexual harassment complaints happen when people cannot agree on what is funny and what is offensive. If the parties are actually willing to sit down and talk to each other, a mediator can help resolve the issues and come to a peaceful solution. This in turn will save employee relationships and avoid expensive lawsuits.

-- Conflicts between Employees

Everyone is different, and sometimes these differences can prevent two people from working effectively together. Should the company need these employees to work together as a team without conflict, then mediation can be an effective solution. Mediation will give them a change to come to an agreement and allow them to function together harmoniously in the future.

-- Declining Work Performance

An employee may stop working well for a lot of reasons, however when they are questioned about it they may become defensive and scared which in turn results in their work performance declining further. By contacting a mediator, they can help both parties to understand each other’s needs, requirements and requests.

-- Terminations

When an employer chooses to terminate an employee, mediation on the terms of the separation can be very helpful. Mediation can be beneficial emotionally: the employee may never agree that the termination was warranted but will more likely feel that he or she had a fair hearing, and may come to understand the reasons for the employer's action. These realizations can make it easier for terminated employees to move ahead with their lives!

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labour and contractual disputes, and divorce settlements. 

Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.