Services
Have you ever witnessed two people having a heated argument right in front of you….perhaps coming to blows? What did your instinct tell you to do at that moment? For many, it’s get out of the way and avoid the wrath about to confront you.
For some though, there is a strong desire to intervene; to get the combatants to step back, reflect a moment on what they’re doing, trying to get them to take a moment to understand each other’s point of view, and if really successful, getting the combatants to shake hands. Yes, playing a small part in bringing people to a better place, for in the end, resolution allows us to get to a better place. That's EMA.
Mediation
Our Belief
EMA believes that fundamentally, all parties to a dispute want resolution. Resolution so they can go about the daily activities that are productive and in harmony with their goals; not the anarchy that usually attends the disruptive aspects of a full blown dispute
Resolution
Resolution…yes. But a party wants resolution on one party’s terms, not the other. That’s where EMA steps in. Two or more parties pointing fingers and making demands without intervention by a neutral party usually leads to a judge or a jury deciding whose right and who is wrong. The resolution of the dispute is surrendered to a group of fairly disinterested individuals.
Open Discussion
EMA provides a structure that allows the parties to have an open discussion. These discussions often
provide an opportunity for one party to see the perspective of the other. This is not to say that one party is right and the other wrong. So very often, disputes are the result of miscommunication or unfulfilled expectations that are misinterpreted from the very beginning of the relationship.
Evaluative vs. Facilitative Mediation
FACILITATIVE MEDIATION entails the parties coming before a neutral to guide the parties through their various arguments and disagreements. Often the mediator begins with all parties in the room stating their positions. The parties will then meet with separately with the mediator in private. During all these discussions, a competent mediator will guide the parties through their respective disagreements so as to get a better perspective on the other party’s position. This helps to focus the parties and narrow down the dispute to the most salient differences. In sum, the mediator is facilitating their solution, but not providing any opinion of the issues themselves.
EVALUATIVE MEDIATION entails the same processes as a facilitative mediation with the added element of the mediator providing an evaluation on the merits of each party’s arguments with the goal of moving the parties toward resolution. Subject matter knowledge is vitally important here.
Arbitration
Arbitration requires a neutral who will listen carefully to each side’s arguments, both factual and legal, and after one of more hearings following the presentation of evidence, conclude what a just decision should be. The outcome is binding on all parties, (unless the parties choose to opt for an appealable arbitration method)