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Last updated on 2024年7月19日

How can you help parties maintain a positive relationship after mediation?

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Mediation is a process of resolving disputes between parties with the help of a neutral third party, called a mediator. Mediation can help parties reach a mutually acceptable agreement, avoid litigation, and preserve their relationship. However, mediation is not a magic bullet that guarantees a happy ending for everyone. Sometimes, parties may still feel dissatisfied, resentful, or distrustful of each other after mediation. How can you help parties maintain a positive relationship after mediation? Here are some tips to consider.

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Kent Halkett

Attorney at Tennessee Alliance for Legal Services

1 Follow up with parties

One of the most important things you can do as a mediator is to follow up with the parties after mediation. This can help you assess how they are feeling about the outcome, address any concerns or questions they may have, and provide them with additional support or resources. You can also use this opportunity to reinforce the positive aspects of the mediation, such as the parties' willingness to cooperate, communicate, and compromise. By following up with the parties, you can show them that you care about their well-being and their relationship.

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James Corbett. CMIOSH Dip.RSA

Head of Occupational Health and Safety. University Governor. Keynote Speaker: The Behaviour of Safety, Coping with Change
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Mediation is not the end of the process. It's the beginning. The first step after getting all parties to understand that there is a problem, which is not necessarily 'them', but certainly how they interact. The mediation should ALWAYS clearly state that there will be more to follow

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2 Encourage feedback and reflection

Another way to help parties maintain a positive relationship after mediation is to encourage them to give and receive feedback and reflect on their own behavior and emotions. Feedback can help parties learn from their experience, identify areas for improvement, and acknowledge each other's efforts and contributions. Reflection can help parties gain insight into their own needs, interests, and perspectives, as well as those of the other party. By encouraging feedback and reflection, you can help parties develop a better understanding of themselves and each other, and foster a culture of learning and growth.

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3 Suggest follow-up meetings or sessions

Sometimes, parties may need more time or assistance to implement their agreement, resolve any remaining issues, or rebuild their trust and rapport. In such cases, you can suggest follow-up meetings or sessions, either with or without your presence, to help parties monitor their progress, address any challenges, and celebrate their achievements. Follow-up meetings or sessions can also help parties maintain their communication and collaboration, and prevent any relapse or escalation of the conflict.

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James Corbett. CMIOSH Dip.RSA

Head of Occupational Health and Safety. University Governor. Keynote Speaker: The Behaviour of Safety, Coping with Change
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Follow up meetings or sessions are vital; BUT - ALWAYS have a clear understanding of "WHY" - what is the point of the session, what will it achieve and what will it NOT achieve. A problem cannot be fixed in one day

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4 Promote positive interactions and activities

One of the challenges of maintaining a positive relationship after mediation is to overcome the negative emotions and memories that may linger from the conflict. To help parties overcome this challenge, you can promote positive interactions and activities that can enhance their relationship and create new experiences. For example, you can suggest that parties express appreciation and gratitude to each other, share compliments and praise, or engage in fun and enjoyable activities together. By promoting positive interactions and activities, you can help parties create a more positive and supportive atmosphere and strengthen their bond.

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Joanna Pilch Assoc CIPD MCMI GCF
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From my experience, after mediation, parties may face challenges in maintaining the positive relationship they began to establish during mediation. One way to help parties maintain a positive relationship is by promoting positive interactions and activities. By encouraging parties to express gratitude, share compliments, and engage in enjoyable activities, we can create a supportive atmosphere and help strengthen the bond between them. By actively fostering positive interactions, we can contribute to the continued well-being of the relationship and avoid reverting to negative behaviours or attitudes.

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5 Refer parties to other professionals or services

Finally, you can help parties maintain a positive relationship after mediation by referring them to other professionals or services that can offer them further guidance, counseling, or support. Sometimes, parties may face personal or relational issues that are beyond your scope or expertise as a mediator, such as mental health problems, trauma, addiction, or abuse. In such cases, you can refer them to other professionals or services that can help them address these issues and improve their well-being and their relationship. By referring parties to other professionals or services, you can help them access the appropriate and adequate help they need.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Kent Halkett

Attorney at Tennessee Alliance for Legal Services
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In my experience, the notion that the opposing parties in a mediation should foster an ongoing and future relationship is misplaced. Litigation is adversarial at its core. The parties’ dispute(s) has to be resolved through mediation or adjudication. Thereafter, the parties move on. For example, the family of a deceased loved one suing an insurance company for denying approval and payment for an experimental treatment for a fatally ill patient/insured has absolutely no need or desire for any future relationship with the insurer. However, if skillfully handled, the mediation may demonstrate a better business approach that will result in the insurer treating other, and future, insured in a manner that avoids disputes and litigation.

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James Corbett. CMIOSH Dip.RSA

Head of Occupational Health and Safety. University Governor. Keynote Speaker: The Behaviour of Safety, Coping with Change
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Mediation always opens the idea that individuals have flaws, possibly where they didn't realise they have them before. Support networks are important to expose; EAP, counselling, occupational health - whatever they need. Good mediation is raw, exposing, can be damaging, it's the idea that "perhaps I was wrong", "perhaps I'm not as good as I think I am" support is vital to retain good talent

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How can you help parties maintain a positive relationship after mediation?

1

2

3

4

5

6

1 Follow up with parties

2 Encourage feedback and reflection

3 Suggest follow-up meetings or sessions

4 Promote positive interactions and activities

5 Refer parties to other professionals or services

6 Here’s what else to consider

Management

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How can you help parties maintain a positive relationship after mediation?

1

2

3

4

5

6

1 Follow up with parties

2 Encourage feedback and reflection

3 Suggest follow-up meetings or sessions

4 Promote positive interactions and activities

5 Refer parties to other professionals or services

6 Here’s what else to consider

Management

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