"Another Way"
Sunrise Mediation
Rebecca H. Hiers

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Is Mediation Right for My Situation?

Internal Disputes
Businesses, Governmental Entities, Organizations
 

Mediation


What is Mediation?


Why Mediate?


Frequently Asked Questions


Is Mediation Right
for My Situation? 

 

1.    What alternatives does your organization have, other than mediation, for resolving this dispute? 



2.    Has a misunderstanding or a break-down in communication played any role in this dispute? 



3.    Does the dispute involve technical, scientific, or other complex issues, and is communication therefore part of the problem? 



4.    Does the dispute involve different cultural perspectives, and is communication therefore part of the problem? 



5.    Are your organization's normal conflict management styles and processes not working as effectively as you would wish in this particular dispute? 



6.    Are the disputing Parties likely to interact with one another in the future?  How important is it to your organization that the Parties have a positive working relationship after resolving this particular dispute?



7.    How is this dispute affecting working relationships at the management level? 



8.    How is this dispute affecting employee morale? 



9.    What effect is this on-going dispute having on the disputing Parties' health, finances, relationships, outlook on life, etc.? 



10.    What effect is this dispute having on the disputing Parties' family, friends, and community? 



11.    How long do you believe it likely will be before this dispute is finally resolved if you don't use mediation? 



12.    If one of the disputing Parties "wins" in an adjudicative process (hearing, arbitration, court, etc.), will this dispute really be over for your organization, and will your organization have what it really wants? 



13.    If one of the disputing Parties takes this dispute to court and wins, is the other side likely to appeal?



14.    If your organization has to litigate this dispute in court, and if you lose, is your organization likely to appeal? 



15.    Have you discussed with your in-house counsel and with your litigation attorney how long they believe that it likely will take to resolve this dispute in court?  Did this time estimate include possible appeals? 



16.    How much money is your organization willing to spend to pursue resolving this dispute? 


17.    How important is it to your organization that you address this dispute privately, rather than in a public forum? 



18.    Are emotions affecting rational decision-making for one or more of the Parties?



19.    Do you feel that all relevant perspectives have been heard and understood? 



20.    Does anyone within your organization want to apologize to another person, but your Attorney has advised against taking this legal risk? 



21.    Does anyone within your organization want to express forgiveness towards another person, but your Attorney has advised against taking this legal risk? 



22.    Where would your organization prefer to focus most of its energy and financial resources?  On the past, and trying to prove who did what?  Or on the future, and planning where you go from here? 



23.    Are there issues here that are important to your organization beyond just the legal issues? 



24.     Are the disputing Parties willing to commit the time and effort necessary to participate fully and effectively in a mediation process? 



25.     Is your organization willing to commit the resources necessary to support mediation of this dispute?



26.    Are each of the involved Parties willing to sit down face-to-face with one another to try to resolve this dispute? 
 



 
   
 
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rh@sunrisemediation.com