Commercial and Workplace Mediation

When disputes arise the position of the parties is often exacerbated by the fact that each party retrenches, presenting an inflexible stance when negotiating with the other. The focus is more on repeating what it wants, refusing to listen or look for nuances in what the other party is saying or trying to understand the other party’s perspective. Effective communication breaks down.

In order to make progress in settling the dispute it is necessary for the parties to move away from the position as stated towards an understanding of real needs or interest behind what is being said. This involves identifying what is really needed rather than wanted. Once the parties have identified what each needs, then progress can be made to identify common ground and to find a solution which will satisfy both.

The structured process of mediation, managed by an impartial, independent mediator, facilitates communication between those in dispute and provides an effective form of alternative dispute resolution (ADR).

This provides an opportunity for the parties to listen to each other and to understand better the views and concerns of the other. The process enables the parties themselves to find mutually acceptable solutions. It affords the opportunity to develop strategies for working together if an ongoing business or workplace relationship is desired for the future.