At Blue Sky Mediation Center, we understand that trying to settle a conflict with tempers flaring is counterproductive. Chances are, if you are in the middle of a business dispute, probate conflict, employment issue, or another type of negotiation that is currently at a stalemate, you already know that contempt is not moving the conversation towards an agreeable resolution.
When two or more parties cannot engage in productive conversations, they may find it challenging to sit in the same room together, without losing their tempers. When emotions are extremely high and volatile as they can be any time you find yourself immersed in the stress of litigation, the natural reaction is to come from a place of defensiveness as opposed to compromise. This is not uncommon, but there is a solution: Mediation. Mediation helps individuals and groups communicate effectively, so they can better understand each other’s perspectives and needs — without losing control of the conversation. Here is how.
Where There Is Conflict, There Are Emotional Responses
If you are involved in a conflict with a business partner, family member, employer, employee, or company representative, you likely feel very strongly about your stance in the dispute. You also know the other party most likely feels the same way, even if you do not agree with them. When there is a dispute, both sides typically believe they are right. The reality is, focusing on what one believes is ‘right’ may become an impediment to achieving a successful resolution. To get to a settlement, oftentimes parties need to rise above the emotion, and see the big picture that likely involves many collateral issues. Our skilled mediator guides the discussion without taking sides, and never judges a party’s position, or gives legal advice. Our role is to act as a catalyst to help individuals or groups involved in a dispute to see beyond their emotions from their issues, identify potential solutions, and choose mutually acceptable outcomes to create a final agreement. That starts by fully outlining the root of the conflict.
Mediation 101: What Caused the Conflict?
At Blue Sky Mediation Center, our experienced mediator provides a private, safe, privileged and engaging environment— even when sessions are conducted remotely — where open-ended and descriptive questions stimulate productive conversation. This all can be achieved without any risk of having what is being said come back in any formal litigation. The mediation privilege allows all communications during a mediation to remain privileged and confidential. Each party will have an uninterrupted opportunity to be heard – to provide their version of events as the mediator actively listens in order to understand where both inconsistencies and common ground exists. Reconstructing the full context of the dispute helps create a 360-degree view of the cause of the conflict. After each party’s perception of the facts is on the table, we can begin dissecting the conflict through respectful dialogue that produces results. Obtaining a full view of both side’s perspectives as well as any legal ramifications and risks of exposure to the parties involved is at the center of the mediation process. This may not happen immediately, but the more each party knows about the other’s “sticking points” will help establish where a compromise is possible. Truly, the currency we deal in during mediation is compromise. At this point, we can move into formal negotiations without increasing the discord.
Moving Past the Conflict
An important part of mediation is not necessarily about reconciling the relationship. If that can be a byproduct of the resolution, that is great, but the goal is to afford both sides the peace that comes along with a full settlement of any and all disputes. Problem-solving requires creativity and an open mind, and with a skilled mediator guiding the conversation, the parties can envision their version of a positive outcome and begin negotiating. The goal is to create solutions that resolve the conflict now and prevent similar conflicts from arising in the future. Mediation is a tool that empowers all sides by removing the emotional reaction to the conversation, so they can determine their own outcomes, which helps extend their viability. Once the emotional component is removed, and cooler heads prevail, real solutions emerge. These solutions can be binding in nature, which allows the parties to trust that the dispute truly is fully resolved.
Emotional Conflicts Are Made for Mediation
Whether you are involved in a business dispute, probate/beneficiary conflicts, employment disagreements, or are seeking solutions to personal injury negotiations, contact our San Diego mediation attorney at Blue Sky Mediation Center at 760.454.7277 or contact us online to schedule a free consultation to discuss your legal needs today. You can also see our live online schedule with the National Academy of Distinguished Neutrals.
We are here to help put your dispute behind you, so you can move forward with confidence.