Focusing on Contract Disputes and Workplace Mediation
Understanding Mediation
Mediation is rapidly becoming the most favored form of dispute resolution throughout the country. Through the confidential mediation process, individuals in conflict are provided with the opportunity to make better choices in the face of conflict and interpersonal differences, leading to more informed, satisfying and lasting resolutions. Not only can the actual dispute be resolved, but mediation offers the opportunity for the participants to overcome misunderstandings and misconceptions and to restore trust and respect in their working relationship. At the same time, the skills applied, developed and learned in mediation can be used by participants to help resolve future disputes as well.
The mediation process is an opportunity for parties to express their differences, improve relations and mutual understanding in a safe, non-judgmental and creative environment. Participants in conflict are empowered to take the responsibility for resolving their own disagreements so that every aspect of the decision making process authority rests with the participants themselves.
Contract Disputes Mediation
Along with more complex contracts comes increased opportunities for contractual disputes. Most construction contracts today contain some form of Alternative Dispute Resolution (ADR): a contractual means to resolve disputes without going into the classic courtroom setting. By far, the most common form of ADR is arbitration.
While arbitration is a valuable contract dispute resolution method, it is not a panacea. Contrary to common belief, arbitration is not always less costly than litigation; and, there are serious drawbacks for this form of dispute resolution. For one, it does not necessarily eliminate discovery (the costly procedure whereby the disputants must make all of their documentation available for review and copy). Additionally, under arbitration, there is no provision to appeal a "bad decision' and the process can be very expensive.
Mediation has shown some impressive results. Over 80% of the disputes that are voluntarily submitted to mediation are satisfactorily resolved. And, even for court-referred mediations, over 50% are settled satisfactorily without burdening the court system. Yet, few people fully understand the process.
Workplace Mediation
Workplace mediation is a voluntary and confidential process. It can only take place on the basis that all sides are agreeable to participate. The workplace mediation process is solution focused with the object of reaching a workable and mutually agreeable solution to the conflict or issue of difference. The workplace mediator is impartial and does not take sides but helps the participants to find a lasting settlement and in changing the conflict into a positive growth.
Workplace Mediation offers opportunity to improve employee morale and teamwork, achieve higher performance, productivity and profits, as well as retention of valuable employees. Mediation is recognized as a crucial and cost-effective tool towards resolving some of the most common and difficult conflicts occurring in the workplace.
What Kinds of Issues can be Addressed?
Interpersonal differences, conflicts, difficulties in working together.
Harassment or issues of prejudice
Breakdown in a working relationship between co-workers, or worker and employer.
Discipline issues.
The benefits of mediation include
Opportunity to address all the particular interests and needs of every participant involved
Costs less and saves time so parties can move ahead with their lives and get past their current conflict in the most effective, efficient and satisfying manner
Explores creative options independent of legal parameters
Compliance and satisfaction with mediated agreements are significantly higher than other dispute resolution processes
Confidentiality and the privacy of mediation allows parties to feel safe in disclosing information relating to their conflict
Convenience of scheduling flexible to the parties' needs
Allows for positions, attitudes and viewpoints to be transformed as communication and shared perspective taking occurs
Provides experiential communication and conflict resolution learning to help resolve future potential conflicts and disagreements
Pamela Oxendine - Commitment to unbiased facilitation
Education:
Capital Unv Law School
Dayton Mediation Center (Dayton OH)
Yearly continuing education to remain current
Experience:
Price George County (MD) Mediation Court Referrals)
Sharing Neutrals – Government Workplace Dispute Mediation
Contract Negotiation
Center for Disputes Resolution (OH) (Court Referrals)
Member of:
Northern VA Mediation Service
VA Mediation Network
Contact TMC @ 937-271-0462 for further information