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"The process of mediation is such that we are able to guide negotiations in to allow both parties to be in control of their own destiny, rather than subject to a third party decision."

Ed Kopf, Ph.D., Principal
BMC Associates

 
conflict resolution: mediation
This checklist provides a quick, informal way to gauge the suitability of mediation for resolving your dispute as well as your readiness to use mediation.

A. Is mediation a good fit for your dispute? Not every dispute requires mediation. Answer the questions presented in Table 1. If you answer "Yes" to one or more, mediation should be explored as a method for resolving your dispute. If there are several "Yes" answers, mediation is highly likely to be the best way to proceed.

Table 1: Suitability of mediation for dispute resolution

Yes    __ No     __

Are your normal methods for negotiating or resolving disputes not working?

Yes    __ No     __

Is it important to you to resolve your dispute in a private, rather than public, forum?

Yes    __ No     __

Is it important for you to have a good working or personal relationship with the other parties after the dispute is resolved?

Yes    __ No     __

Is quick resolution of the dispute important to you?

Yes    __ No     __

Has misunderstanding or a breakdown in communications been an important obstacle to resolving your dispute?

Yes    __ No     __

Is the dispute having a significant negative effect on your health, finances or relationships?

B. Are you ready for mediation?

Mediation is a collaborative method of resolving disputes and can only work when the parties are committed to it. To be ready for mediation, you should be able to answer "Yes" to the questions in Table 2. If any of the answers is a "No," you should mention it when discussing your situation with a mediator.

Table 2: Readiness of client for mediation

Yes    __ No     __

Are you willing to work together with the other parties face-to-face, with the guidance of the mediators, to find a fair and amicable solution?

Yes    __ No     __

Are you willing to accept a solution that meets your essential interests but doesn't represent "victory" on every point?

Yes    __ No     __

Are you willing to make a significant commitment of time, effort and other resources to resolve the dispute productively?

Yes    __ No     __

Are the other parties to the dispute willing to enter mediation?

» Return to "Step 1: Understanding mediation"
» Go to "Step 2: Assess Your situation"

 

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