Archive for the ‘Definition of Mediation’ Category

Does Tiger Need a Mediator?

Monday, November 30th, 2009
Does Tiger Need a Mediator?
With all the hub-bub about Tiger Woods and his crazy antics over the weekend (never thought I’d put crazy-antics and Tiger Woods in the same sentence), it brings me to wonder if Tiger and his family need a mediator.  From all non-verified sources such as TMZ it looks like the stir could have been caused between a marital dispute. 
 
Most people probably think mediator and marriage is associated with a divorce, which is typically true, but what if in this case they used a mediator before the dispute got any further out of hand? 
A mediator is a neutral party who is specially trained in facilitating a discussion, typically over a dispute to help the parties involved resolve the dispute.  Mediations work better than litigation when parties want to continue their relationship. 
 
What are you thoughts?  Could Tiger need a mediator?

Elder Mediation, Defined

Friday, November 27th, 2009

There’s a lot of buzz in the conflict resolution field of “elder mediation”, but what exactly is it?  This post will clarify what elder mediation is and what it is not. 

What it is:

  • Form of mediation that helps families resolve conflict due to care for their parents, or aging family adults. 

What it is not:

  • A new form of mediation.  Even though this form of elder mediation is buzzing it’s not new; however, it is a growing need in most communities. 

There is not a special designation for mediators who are specially trained in this field in Tennessee; however, if you need to choose a mediator, look for someone that has received additional training. 

Here’s a great article for additional information on elder mediation.

As always, if I can be of any help with your mediation cases, please feel free to contact me:  615-504-0379 or Donita.Brown@iMediateIT.com.

How Can Mediation Be Used in Information Technology?

Thursday, July 16th, 2009

This is part two of “What is Mediation” and is going to answer the question, “How Can Mediation Be Used in Information Technology?”  This is a series that I’ll be writing over the next few months and will feature such posts as “How Can Mediation Be Used in…..”   Each post will be a different way mediation can be used.  You get two for the price of one in this post, Information Technology for Project Managers and Telecom Professionals.

For those of us that have been in the Information Technology field for a while, resolving disputes is part of the job.  I’ve been a project manager, project director, and a manager of telecom expense management (just to name a few positions) and in each of these positions I’ve encountered conflict and had the opportunity to resolve several disputes.

Part of a Project Manager’s job is to resolve issues on a daily basis.  These can be as simple as working with a project team member and a functional manager to barter for time needed to complete a task.  Or it could be as complex as working with a project steering committee to determine if the project timeline should/will be delayed.  Mediation can be used in either of these two examples. 

In the first, where a project team member, project manager and a function manager are discussing the need for hours to complete a task, a project manager could play the role of the neutral and work with each side to understand the differences between what the team member is estimating the amount of time needed to complete a task and the amount that the function manager is willing to provide.  In this case this could be an informal mediation, casually completed.

In the second issue, Steering Committee is deciding if a project should be delayed, a formal mediation should probably occur between the Steering Committee and the Vendor completing the work (if a vendor is on contract).  This mediation, although likely not planned during the project planning stage, could help both parties understand any underlying issues that are causing any schedule delays and could help each side to work better in the future.

As a Telecom Manager I had the opportunity of managing a telecom expense management group at more than one company.  During this time I was privy to many of the disputes that telecommunication departments, telecom expense management companies, and carriers face.  Sometimes the relationships between the company purchasing the services for voice or data and the company providing can be adversarial.  This adversarial relationship can be due to unrealistic contract terms, unmet service delivery metrics, or many other reasons, which can lead to a myriad of disputes. 

There are many potential uses for mediation in the telecom space.  Mediations can occur between companies and their service providers to resolve disputes for missed service levels, contract disputes, credits to be received due to over billing, and the list goes on.  Mediations for these situations can be a formal session enlisting a third party neutral for larger disputes or using in house resources for disputes that are smaller and less complex in nature. 

Thanks for reading!

Donita

www.iMediateIT.com

What is Mediation?

Tuesday, July 7th, 2009

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Just what is Mediation?  Mediation, as defined by the Tennessee Supreme Court Alternative Dispute Resolution Commission A voluntary settlement process to help you resolve disputes. Mediation is an informal process where a mediator helps people with a dispute to reach agreement. The mediation process identifies important issues, clarifies misunderstandings, explores solutions, and negotiates settlement. “

Mediation can be used at any time during, before and after litigation has occurred, although the majority of mediations occur prior to litigation.  Mediation allows the parties to come to an agreement in their dispute rather than taking it to a third party, such as a judge.  

You probably mediate every day and don’t realize it. You mediate when a co-worker comes to you with a gripe about another co-worker and you play devil’s advocate or help them see the other side, or when your spouse and child can’t agree on where to go out for dinner.  Mediation is about helping people come to a resolution.  Consider it bridge building.  Mediation can be used to settle a dispute between members in a home owner association, between a hospital and a patient, a company and an employee, or many other situations.

I’d love to hear how you define mediation. 

Thanks for reading!

Donita

www.iMediateIT.com