Howard University Mediation Service

Howard University Mediation Service

Introduction

Mediation is assisted negotiation. In mediation, a trained, neutral third party helps two or more parties negotiate to resolve their dispute. Mediation typically employs a problem-solving approach to address conflict rather than the traditional, adversarial method. Mediators are trained in communication and problem solving skills, which they use to help parties make the best possible decisions about whether to, and how to, resolve their dispute.

Mediation is a voluntary, informal process. Rules of evidence do not apply. Testimony is not taken. Mediation allows parties to control the dispute resolution process, rather than having a judge or some other official control it for them. Mediation is typically faster and more economical than adjudication, and even if mediation does not resolve the dispute, it almost always helps parties clarify and narrow the issues so that adjudication can proceed more rapidly.

Mediators are not decision-makers or judges and have no personal interest in the substantive outcome of a case. Mediators use their expertise in communication and negotiation to help the parties make effective, informed decisions for themselves.

Mediation Process

Conceptually, mediation includes three general phases:

Introductory - During this part of the process, the mediator helps the parties create a safe environment in which to discuss difficult topics. Depending on the parties experience with mediation, the mediator may provide a process overview: the role of the mediator, then what will happen in various mediation sessions, and confidentiality. During this phase, parties may agree to ground rules for the conduct of the mediation (e.g., ensuring that only one person speaks at a time) and a general timetable for the process. This phase includes a joint session among parties, during which opposing sides have an opportunity to state their views and desired outcomes.

Problem Solving Stage - During this stage, parties principally focus on issues, interests, options for resolution and criteria for evaluating the options. Parties may meet separately with the mediator to share confidences and fully consider options in private.

Closure - During this phase, parties decide whether and on what terms to resolve the dispute. The mediator may help them draft a document that reflects any commitments they wish to make. As needed, the agreement then may need to pass to others for approval. If parties do not reach agreement, the mediator makes sure they understand why and what next steps are available to them.

HHS Mediator Standards

HHS Mediators agree to abide by the Standards of Practice for HHS Mediators and the confidentiality provisions of the Administrative Dispute Resolution Act of 1996.

When to Request Mediation

How do parties know if mediation is the right approach for resolving their dispute? Mediation is an appropriate option for any dispute where a negotiated solution is an acceptable outcome to the parties. This includes conflicts within agencies, as well as with regulated parties, states, contractors, and other private persons. Mediation is viable in those situations where:

There is no need to establish precedent and there is no single solution that is required

Tensions, emotions, or transaction costs are running high

Communication between the parties ...