What and Who Is A Mediator?

Michael Lodge, NCPM, CRTP - Nationally Certified Professional Mediator and Business Advisor - www.lodge-co.com

A lot of times when I am meeting people the question is always asked, "What do you do?"  I tell them I am a mediator and they always respond; oh, you are a massage person.  No, I am a mediator, I resolve disputes before they end up in court.  Oh, I see.   But a lot of people do know what a mediator is.  But for the record let us go over it again.

A good definition of a Mediator is a person who attempts to make people involved in a conflict, dispute, come to an agreement.  A mediator is the go-between.  A third party not connected to the dispute but who can guide the two conflicting parties to a fair agreement.

There are many individuals who are attorneys that become mediators.  But there are a lot of other professions that can and are mediators.  Accountants, psychologists, businesspeople, financial people, marriage professionals, and the list go on.  The regulations on mediation does not allow an attorney to be an attorney, they cannot guide you on the law or give you a legal opinion.  They are not representing you in mediation.  To practice law in mediation is malpractice.  No one can give legal advice in mediation.  If you want a legal opinion you need to talk to your attorney.  Mediation is not the practice of law; it is the art of getting parties in a dispute to negotiate and resolve the issues on the table.  It is the process of you telling your story of a dispute and then listening to the other sides story.  Coming to the table with options and listening to options.  

What is a conflict?  It is a serious disagreement or argument, typically a protracted one.  A conflict in business or personal life.  A dispute can be a little more hostile, a disagreement, argument, debate that can get heated and needs to be resolved.  This can involve business relationships and contracts, vendor disagreements, partner issues, workplace conflicts, divorce, parenting plans for their children, and the list goes on.  I have even done pet disputes when people are divorcing.

What types of mediation can be done?  Many.  

• Business & Commercial
• Business Succession
• Contract Disputes
• Vendor Disputes
• Financial issues
• Family Disputes
• Parenting Plans
• Pre-Marriage - Pre-nup Mediation
• Separation / Divorce
• Buyer-Seller Disputes
• Professional Fees
• Partner Disputes,
• Real Estate / HOA
• Workplace / Employment
• entertainment and Sports
• Accounting and Tax
• International Disputes
• And the list goes on

The best mediator is one who has some experience in the area that needs to be mediated.  If it is a business dispute find a mediator that has a solid background in mediation.  If the mediator has the experience in business, it is easy to grasp onto the issue and guide the parties to a resolution.  That was as an example.  But a good mediator should be able to mediate just about every subject matter of conflict, but it is based on experience.  Interview the mediator.  Do you due diligence.

In business there are many issues that needs to be resolved.  The costliest is employment conflicts.  Between employees, management, and partners.  Conflict between two people can affect many in the department or company.  Payroll doubles because people are not performing to the best of their ability because of a conflict between people.  Just two people in conflict can affect many people.  If you own a business or a manager in one, resolve workplace conflict quickly, or it will eat up time and money.  Waste not, want not, so you mediate quickly.

Remember this fact.  Mediation is a confidential process.  Everything that you say to the mediator is confidential.  The mediator only presents to the other party in the dispute what you give permission to be said.  However, once you file for a legal action in the courts, that dispute is public record from the beginning to the end.  Anyone can read what your conflict was and read the story line of the legal action through the documents filed with the court.  TMZ have people that go through the new court records to see who is filing for divorce or suing each other.  That is how they know with high profile clients file for divorce or in legal hot water by scanning the court documents and out it goes as press on personal matters before the court.  Mediation is confidential and nothing gets said or publicized.  Confidentiality is especially important in all issues.

If you have any question on mediation or need mediation, send me a text to 818.252.5682 or email me at mlodge@lodge-co.com
 

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