Here's how you can navigate a successful mediation process in the workplace.

I stress my neutrality. Making sure I talk about confidentially if we settle or not. Getting a clear understanding of each sides goals for meditation. How can both sides “win”

Divorce mediation is about multiple issues or conflicts. It can be difficult to know these in advance but setting up a structured divorce mediation is truly a key to our success. Prior to the first working session, I have the parties provide me their financial disclosures. I send them a prep packet with instructions on how to complete it. This act alone has the parties invested in their mediation, focuses the attention on facts, and provides me with the resources I need to understand some of the financial layout. I can then guide them through in specifics rather than in general "What would you like?" questions. For the out-spouse, this tends to be a sigh of relief. The mediator is prepared.

Preparation is key, but don’t lose sight of who your audience will be at mediation. It isn’t a jury that you’re trying to persuade. If your opponent is an insurance adjuster, a business person, attorney, or other sophisticated negotiator, you need to prepare with that in mind. Come with facts, acknowledge obvious weaknesses, highlight strengths and the risks your opponent faces at trial, and above all stay calm and reasonable, and your chance of a success resolution will improve significantly.

The only way to have a successful mediation is to be prepared for the mediation as if you were presenting the case to either a Court or whatever administrative body that would resolve the dispute if mediation fails. It is imperative that you know what all the evidence shows (on both sides of the dispute). Knowing the weaknesses of either your side or the opposing parties side can help you apply appropriate pressure or concede when appropriate. Being well prepared can help you advocate for your client or yourself in a manner that gets you or your client the best possible resolution.

There are three very important principles to remember whether you are the mediator or the participant. First, listen. The mediator must understand the goal of each party, and the participant must understand the goal of the opponent. Second, be patient. My experience whether as participant or mediator has been the longer the better. Nearly every successful mediation is concluded after lunch, and sometimes after hours. What matters are not the starting numbers, but the final ones. Third, stay on message. Power point presentations and opening statements are too often counter productive. A key argument or document can help the mediator get negotiations back on track. The goals are persuasion and resolution. Save confrontation for trial.

I have often used King’s Counsel to act as mediator in a range of commercial, corporate and property disputes as they have a (fairly unique) skills set to understand various negotiation techniques and appreciate what is required for a party to compromise and de-risk. Save for more specialist disputes where the parties may call on an expert from industry, I find retired judges to be effective and authoritative as mediators also.

Choosing the right mediator to resolve a dispute is imperative for a successful mediation. You have to find the right fit for the facts of the dispute and for the personalities of the parties involved. A mediator that is knowledgeable in the particular area of the dispute is a necessity to help option generate solutions to come up with creative ways to resolve the dispute.

Often, parties are looking for someone that shares their values and beliefs. This makes Diversity, Equity and Inclusion (DEI) so important in the mediation field. We need more mediators that represent minorities so that mediation is accessible to all.

Here, you want to ensure more directly that the employee feels heard. The power dynamics are not equal. And, your employees know that. So, a mediator that presents as defense counsel will only exacerbate the perception of unfairness that likely underpins any complaint by an employee. It is best to pic a mediator who knows how to articulate a “plaintiff’s” perspective in order to obtain employee buy in on the outcome.

In divorce mediation, ground rules are crucial. I have found that by establishing the rules and the mediation procedure, I take the control from one spouse and neutralize it. This allows the parties to come to the table in a more balanced way. Maintaining a professional atmosphere also enforces a respectful tone and demeanor in the mediation.

Creating a sanctuary of neutrality and respect is the foundation of transformative mediation. As you establish this safe space, feel the tension begin to dissolve, replaced by a sense of possibility. Let the ground rules become a shared commitment to understanding and growth, not just boundaries. Inspire all parties to see this moment as an opportunity for positive change, where every voice is valued and every perspective honored. In this carefully crafted environment, conflicts transform into stepping stones towards stronger relationships and innovative solutions. Embrace the power of fairness and clarity to unlock the potential within each participant.

With an employment background, this dispute is going to have a lot of “baggage”, with emotions, and maybe even the sense of betrayal involved on both sides. Keep that in mind in advance of things.

Internal mediation within an organization can be helpful. However, the use of the word mediation can scare some people (albeit high level managers may prefer the word “mediation.” Otherwise those of us who have done these things will more or less do a mediation without calling it a mediation. The process is similar but less focused. The key is crossing the bridge- i.e., getting the two individuals to agree to a way to come together instead of not doing so. A good “non actual mediator” should be able to obtain that resolution. If not, high management would have to come in with a more authoritative plan.

In the dance of mediation, let the rhythm of mutual benefit guide your steps. Embrace the powerful vision of a win-win outcome, where every party emerges stronger and more fulfilled. This isn't just conflict resolution; it's the art of crafting shared success. Feel the energy shift as you move from opposition to collaboration, transforming adversaries into allies. Inspire all involved to see beyond their immediate needs, envisioning a future where everyone's interests are honored. This approach isn't about compromise; it's about creative synergy that elevates all. As you work towards this harmonious resolution, you're not just solving a problem – you're weaving a tapestry of understanding and collective triumph.

Following up on progress is not just a task; it's a celebration of growth and commitment. As you check in on the agreed-upon actions, feel the pulse of positive change coursing through your workplace. Each step forward is a testament to the power of open dialogue and shared understanding. Embrace these follow-ups as opportunities to nurture the seeds of resolution you've planted together. Let your enthusiasm for progress inspire continued effort and collaboration. In these moments of reflection, you're not just tracking changes; you're reinforcing the bonds of trust and mutual respect. Together, you're writing a story of transformation, where every small victory builds towards a harmonious and thriving work environment.

I would say one thing to consider is the timing of mediation. If you mediate too early in a dispute, neither party may have a reason to settle. Closer to final resolution before a court or administrative body, people usually get more reasonable in their positions than they were at the beginning of the dispute. Further, if some explosive evidence is revealed mid process it may be smart to schedule mediation immediately thereafter. Explosive evidence tends to lose their explosiveness the farther in time from the revelation. This ties back to always being prepared. You can only understand the best timing to mediate if you always know your case and are always prepared.

I love the idea of building a "golden bridge." Find a way to help each side view the deal in a favorable light and save face (when appropriate)