About Conflict Management and Mediation

Mediation is an informal dispute resolution and conflict management process in which one of our Rule 31 listed attorney-mediators conducts conduct discussions among disputing parties designed to enable the parties to reach a mutually acceptable agreement. Mediation is a voluntary dispute resolution process, which means that mediators do not have the authority to force their clients to make any particular decision. Mediators facilitate conversation and negotiation in such a way that conflict is minimized and the dispute is resolved in a fair and cost-effective way. In addition, because our mediators are also licensed attorneys we bring a wealth of legal knowledge to the mediation process. This legal training and experience allows our attorney-mediators to assist parties in creating solid agreements that will stand the test of time.

Mediation is effective in resolving disputes no matter the level of conflict involved. We assist relatively amicable parties as well as parties who are experiencing extremely high conflict, and everything in between.

Once the mediation begins, there are four basic components to the conflict mediation process. The steps are typically not followed in a specific order, but rather are based on the unique needs of the parties and the nature of the specific dispute.

• Assessment – The mediator works with the parties to identify the specific conflict issues that are in dispute and are to be resolved.
• Education – Here, the mediator and parties discuss whatever legal, business-related, logistical, or individual or organizational limitations to conflict resolution that may exist. This discussion helps shape the particular conflict resolution and conflict management options.
• Brainstorm – Brainstorming is the heart of mediation, conflict management and dispute resolution. During this phase, the parties and sometimes the mediator will suggest possible ways to resolve one or more aspects of the dispute or conflict. Our trained mediators are skilled at conflict management and facilitating constructive participation in this process.
• Negotiation – Here, the parties decide how to resolve the conflict or dispute based on the issues and ideas presented. Often, parties will pick and choose various aspects of suggested solutions that had been discussed, resulting in a more creative and durable result.

Throughout each step of the mediation and conflict management process, the attorney-mediators of Forward Focus assist the parties in minimizing conflict during the mediation, while helping them create fair and lasting agreements. Our attorney-mediators often ask the parties questions and provide "reality checks" to attempt to elicit solid solutions that will stand the test of time.

At Forward Focus, we generally conduct conflict mediation sessions with all parties to the dispute or conflict in the same room, unless there is a compelling reason to separate them. This encourages the parties to begin to communicate directly with one another. For interpersonal as well as commercial or workplace conflicts, this restored communication serves the parties well who will continue to be in a business or personal relationship going forward.

Mediators often use different approaches to conflict resolution—hence, you may have heard any of the following terms in the context of alternative dispute resolution mediation (ADR):

• Facilitative Mediation
• Evaluative Mediation
• Transformational Mediation
• Standard Mediation
• Binding Mediation
• Non-binding Arbitration
• Med-Arb
• Arb-Med
• Dispute Review Boards and Panels

At Forward Focus, our trained attorney-mediators can explain the benefits and distinctions of each type of process and approach and work with the parties to determine the most appropriate path to long-term resolution.

Rule 31 Mediation

Our attorneys are Rule 31 listed family law mediators.