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Mediation 101

Mediation is an increasingly common practice to resolve disputes both inside and outside the legal arena. In Florida, many judges are now sending civil cases to mediation in order to relieve the enormous case backlog. In addition, businesses and individuals are increasingly using mediation and other dispute resolution services to solve their problems. So, what is mediation and why is it the right choice?

What is Mediation?

 Mediation is the discussion between two conflicting parties through the use of a neutral, impartial person (the mediator). In practice, the mediator meets with both parties in a room, and lay down a set of rules and procedures about the session. In typical court-ordered civil mediation, that means each party would have time to speak with the mediator privately, discuss their issues and demands, and let the mediator act as an intermediary in order to create a mutually satisfying outcome. Based on the details of the case, the mediator might ask each party to clarify their information and ascertain possible resolution of the dispute. Should the two parties agree to a resolution, the mediator helps both parties to draw up an agreement. If mediation is court ordered, then the mediator will report the resolution to the court.

Why Mediation?

Mediation is a tremendously useful tool for individuals, businesses, and other organizations due to several reasons:

Mediation Saves Time and Money

Lawsuits are time consuming and expensive. An average, straightforward lawsuit can take years to resolve, between court appearances, discovery of documents and evidence, expert testimonies, motions and appeals. Not only are each party spending large sums of money for attorney fees and other services, there are simply too many cases in the judicial system to resolve disputes quickly. Mediation brings both parties together to create a satisfactory outcome, saving unnecessary expenses and time.

Mediation are Informative

Sometimes, a dispute can escalate because neither side are aware of the other’s goals and priorities. By asking the right questions, a mediator can discover what would be a satisfactory outcome for each party, and help steer them towards resolving the dispute.

Mediation Improves Relationships

More often than not, legal actions can be quite destructive. They can destroy families, friendships, and business relationships. Mediation can help both parties come to a resolution without escalating their conflict to the next level, which help preserve and improve existing relationships instead of destroying it.

I hope you find this information useful, and contact me for when you need your dispute resolved.

Bobby Huen, PhD

Mediation vs Arbitration: What’s the difference?

In legal disputes, parties often resort to litigation or arbitration to resolve their issues. However, there is another way to resolve disputes that is gaining popularity: mediation. BH Conflict Resolution Services is a mediation practice based in Florida that specializes in helping parties reach mutually beneficial solutions. In this blog post, we will discuss the differences between mediation and arbitration and why choosing mediation can be an effective way to resolve disputes.

Mediation and arbitration are both methods of alternative dispute resolution (ADR) that offer a way for parties to resolve their disputes without going to court. However, there are key differences between the two.

Arbitration is a process where parties submit their dispute to a neutral third party, who acts as an arbitrator. The arbitrator reviews the evidence and makes a decision, which is usually binding on the parties. The arbitrator’s decision is similar to a judge’s ruling in a courtroom, and the parties typically have little input into the decision-making process.

In contrast, mediation is a process where a neutral third party, called a mediator, helps the parties reach a mutually beneficial agreement. The mediator does not make decisions or impose a solution on the parties, but instead helps them communicate and find common ground. The parties are in control of the outcome and can agree on any solution they deem appropriate.

The main benefit of mediation over arbitration is that it allows parties to maintain control over the outcome. In arbitration, the arbitrator makes the final decision, which can be binding and non-appealable. In mediation, the parties have the opportunity to participate in the decision-making process and come up with a mutually acceptable solution. This can result in a more satisfactory and durable outcome.

Mediation is particularly beneficial in cases where the parties have an ongoing relationship, such as in divorce, family, or business disputes. Mediation can help preserve these relationships by enabling the parties to reach a mutually acceptable solution that meets everyone’s needs. In contrast, arbitration can be a more adversarial process that can damage the relationship between the parties.

Another benefit of mediation is that it is usually faster and less expensive than litigation or arbitration. Litigation and arbitration can be lengthy and expensive processes, with legal fees, expert fees, and court costs. Mediation, on the other hand, can often be completed in a single session, or a few sessions, and the cost is typically split between the parties.

Mediation is also a confidential process, unlike litigation or arbitration, which are conducted in public. This means that the parties can freely discuss the issues without fear of their conversations being used against them in court.

In summary, mediation is a powerful tool for resolving disputes, particularly when parties have an ongoing relationship. It allows parties to maintain control over the outcome and can be a faster, less expensive, and more satisfactory process than arbitration or litigation. BH Conflict Resolution Services is a mediation practice based in Florida that has experience helping parties reach mutually beneficial agreements. Contact us today to learn more about how mediation can help you resolve your dispute.

Mediation and Confidentiality

Mediation is a powerful tool for resolving disputes and conflicts in a way that is faster, less expensive, and more amicable than traditional court proceedings. At BH Conflict Resolution Services, we believe in the power of mediation to help parties find mutually acceptable solutions and move forward in a positive direction. In this blog post, we will explore one important aspect of mediation: confidentiality.

Confidentiality is a critical aspect of mediation. It is important for parties to feel comfortable and safe sharing their thoughts and feelings during the mediation process. Confidentiality helps ensure that parties are willing to speak openly and honestly, without fear that their words will be used against them later on. Here are some key points to know about confidentiality in mediation:

What is confidentiality in mediation?

Confidentiality in mediation means that all communications that take place during the mediation process are kept confidential. This includes all statements made by the parties, as well as any documents or other information provided during the mediation. The mediator is also bound by confidentiality, and cannot disclose anything that is discussed during the mediation to anyone outside of the process.

Why is confidentiality important in mediation?

Confidentiality is important in mediation because it helps create an environment of trust and safety. Parties need to feel that they can speak openly and honestly without fear of repercussions. If parties feel that their words will be used against them later on, they may be less likely to be forthcoming with information. Confidentiality also helps protect the privacy of the parties and ensures that their personal information is not made public.

How is confidentiality maintained in mediation?

Confidentiality in mediation is maintained in a number of ways. First, all parties sign a confidentiality agreement before the mediation begins. This agreement sets out the ground rules for confidentiality and makes it clear that all communications during the mediation are confidential. Second, the mediator ensures that all communications that take place during the mediation are kept confidential. Finally, any documents or other information provided during the mediation are also kept confidential.

Are there any exceptions to confidentiality in mediation?

There are a few exceptions to confidentiality in mediation. One exception is if there is a legal requirement to disclose information. For example, if a party discloses during the mediation that they have committed a crime, the mediator may be required to report this to the authorities. Another exception is if all parties agree to waive confidentiality. This may happen if the parties decide to use the information disclosed during the mediation in a court proceeding.

In conclusion, confidentiality is a critical aspect of mediation. It helps create an environment of trust and safety, and ensures that parties are willing to speak openly and honestly. At BH Conflict Resolution Services, we take confidentiality seriously and work hard to maintain the privacy and confidentiality of all parties involved in the mediation process. If you are considering mediation as a means of resolving a dispute, we encourage you to reach out to our experienced team of mediators. We are committed to helping parties find mutually acceptable solutions in a way that is confidential, respectful, and effective.

Parenting Plan: What does it do?

Divorce can be an emotional and stressful time for families, especially when it comes to determining a parenting plan for children. It’s important for divorcing parents to have a plan in place that outlines the care, custody, and support of their children. A parenting plan can help minimize conflicts and ensure the well-being of the children during and after the divorce. In this blog post, we will discuss the advantages of having a parenting plan and how a mediator can help create one.

Advantages of a Parenting Plan

  1. Provides stability and structure for the children. A parenting plan outlines the time the children will spend with each parent and helps to provide a sense of stability and structure for the children during a time of change.
  2. Minimizes conflicts. Having a parenting plan in place can help minimize conflicts between parents by outlining specific agreements and expectations.
  3. Encourages cooperation and communication. A parenting plan can help promote cooperation and communication between parents, even after the divorce is final.
  4. Promotes the well-being of the children. A well-crafted parenting plan will prioritize the best interests of the children and help to ensure their well-being.

How a Mediator Can Help

  1. Facilitates open and honest communication. Mediators are trained to facilitate open and honest communication between parties, which is essential when creating a parenting plan. They can help parents to express their concerns, needs, and expectations in a safe and non-judgmental environment.
  2. Helps to find common ground. Mediators can help parents to find common ground and reach agreements that work for everyone.
  3. Encourages cooperation and compromise. Mediators are skilled at promoting cooperation and compromise, which is essential when creating a parenting plan that meets the needs of everyone involved.
  4. Provides a neutral perspective. A mediator is a neutral third party who can provide a fresh perspective and help to reduce the emotional intensity of negotiations.

Benefits of Mediation for Parenting Plans

  1. Cost-effective. Mediation is often less expensive than going to court, and it can save both time and money for the parties involved.
  2. Flexible. Mediation allows for flexibility and creativity in finding solutions that work for everyone.
  3. Confidential. Mediation is a confidential process, and any agreements reached in mediation are private.
  4. Empowering. Mediation allows the parties to take control of their situation and make decisions that are best for their family.

Conclusion Having a parenting plan in place is essential for the well-being of the children during and after a divorce. A parenting plan can help minimize conflicts, promote cooperation and communication, and provide stability and structure for the children. A mediator can help create a parenting plan that works for everyone involved by facilitating open and honest communication, promoting cooperation and compromise, and providing a neutral perspective. If you’re considering divorce and need help creating a parenting plan, consider using a mediator to help you through this process.

At BH Conflict Resolution Services, our trained and experienced mediators can help you and your ex-spouse to create a parenting plan that works for everyone involved. We offer mediation services for both civil and family matters, including divorce and parenting plans, and we are available to assist clients nationwide. Contact us today to learn more about how we can help you.

Family Mediation Explained

Family mediation is a process that helps families resolve conflicts and disputes through non-adversarial means. It is an alternative to court-based litigation and can be a faster, more cost-effective, and less stressful way to resolve family disputes. There are many different kinds of family mediation, each designed to address specific types of disputes and meet the unique needs of different families.

  1. Divorce Mediation: Divorce mediation is a form of family mediation that focuses specifically on resolving disputes related to divorce. This can include disputes over property division, spousal support, child custody, and child support. Divorce mediation can be a more amicable way to resolve disputes related to divorce, as it allows couples to work together to reach a mutually acceptable agreement.
  2. Parent-Child Mediation: Parent-child mediation is a form of family mediation that focuses on resolving conflicts between parents and children. This can include conflicts related to discipline, communication, or household rules. Parent-child mediation is designed to help families improve their relationships and find solutions that work for everyone.
  3. Elder Mediation: Elder mediation is a form of family mediation that focuses on resolving disputes related to elderly family members. This can include disputes over caregiving, financial planning, or the distribution of assets. Elder mediation is designed to help families find solutions that meet the needs of their elderly loved ones and ensure that their wishes are respected.
  4. Family Business Mediation: Family business mediation is a form of family mediation that focuses on resolving disputes related to family-owned businesses. This can include disputes over ownership, management, or the distribution of profits. Family business mediation is designed to help families find solutions that ensure the long-term success of their business and preserve family relationships.
  5. Sibling Mediation: Sibling mediation is a form of family mediation that focuses on resolving conflicts between siblings. This can include disputes over inheritance, property division, or caregiving responsibilities. Sibling mediation is designed to help families find solutions that are fair and equitable for all siblings.

Each of these forms of family mediation is designed to address specific types of disputes and meet the unique needs of different families. In all cases, the goal of family mediation is to help families find solutions that are in their best interests and that allow them to move forward in a positive and productive manner.

Family mediation is a flexible process that can be adapted to meet the needs of different families. In some cases, a single mediator may be used to help families resolve their disputes. In other cases, a team of mediators may be used, depending on the complexity of the dispute and the number of people involved. The mediation process is typically confidential, which means that information shared during mediation cannot be used in court or disclosed to others.

Mediation is a collaborative process that encourages active participation by all parties involved. The mediator works with families to identify the issues at the heart of the dispute and facilitate open communication between all parties. This helps families to find solutions that are in their best interests and that allow them to move forward in a positive and productive manner.

Family mediation is not a one-size-fits-all solution, and it is important to choose the right type of mediation for your specific situation. If you are facing a family dispute, it is important to speak with a qualified family mediator to determine which type of mediation is right for you. A qualified mediator can help you understand the different types of family mediation, the benefits of each, and the process of resolving a dispute through mediation.

In conclusion, family mediation is a valuable tool for resolving disputes and conflicts within families. Whether you are facing a divorce, a dispute with your children, a conflict with your elderly loved ones,

Mediation: An Efficient and Effective Solution for Dispute Resolution

Conflicts and disputes can arise in many different areas of life, from business to personal relationships. Finding a resolution that works for everyone involved can be a challenge, but mediation offers a cost-effective, confidential, and empowering solution.

What is Mediation?

Mediation is a process where a neutral third-party mediator helps disputing parties find a mutually acceptable solution to their conflict. The mediator facilitates communication, identifies areas of agreement and disagreement, and helps the parties find a resolution that works for everyone.

Mediation is typically faster and more cost-effective than going to court, and it allows for customized solutions that take into account the unique needs of the parties involved. The process is also confidential and private, and the details of the dispute will not be disclosed to the public.

Step-by-Step Guide to Mediation

The mediation process typically involves the following steps:

  1. Understanding the Conflict: The first step in the mediation process is to understand the conflict and the parties involved. The mediator will listen to each party’s perspective and help identify the underlying issues that are contributing to the dispute.
  2. Communication: The mediator facilitates communication between the parties, helping each side understand the other’s point of view and encouraging them to express their thoughts and feelings.
  3. Brainstorming: With the help of the mediator, the parties will brainstorm potential solutions to their conflict. The mediator will encourage creative thinking and help the parties consider a variety of options.
  4. Agreement: The mediator will help the parties reach a mutually acceptable agreement. The agreement may involve compromises from both sides, but it should be a solution that works for everyone involved.
  5. Documentation: Once an agreement has been reached, the mediator will document the agreement in writing. This document will serve as a legally binding agreement between the parties, and it can be enforced if necessary.

Benefits of Mediation

Mediation offers many benefits over traditional methods of dispute resolution, including:

  1. Cost-Effective: Mediation is typically more cost-effective than going to court, and it’s a faster solution as well.
  2. Confidential and Private: Mediation is a confidential and private process, and the details of your dispute will not be disclosed to the public.
  3. Customized Solutions: Every dispute is unique, and mediation allows for customized solutions that work for everyone involved.
  4. Empowerment: In mediation, the parties are in control of the resolution, and they have a say in the outcome. This can lead to greater satisfaction with the resolution and a stronger commitment to making it work.

Mediation in Florida

If you’re facing a conflict or dispute in Florida, consider using a mediator. Mediation is a cost-effective, confidential, and empowering solution that can help you find a resolution that works for everyone involved.

At BH Conflict Resolution Services, we’re dedicated to providing clients with the best possible solutions for their disputes. Our experienced and professional mediators are trained to help you find the right solution for your specific needs, and we’re committed to providing you with the support and guidance you need to move forward.

If you’re interested in learning more about mediation and how it can help you, contact us today to schedule a consultation. We’re here to help you find the right solution for your needs.

What Mediators Can (and Cannot) Do for You

Mediation is a popular alternative to traditional court proceedings that can help resolve conflicts in a faster, more cost-effective, and amicable way. Mediators are trained professionals who assist parties in reaching a mutually acceptable resolution of their disputes. However, it is important to understand what a mediator can and cannot do during the process.

A mediator can:

  1. Facilitate communication: A mediator can help parties communicate effectively by creating an environment that is safe, neutral, and non-threatening. Mediators use active listening, neutral language, and effective communication skills to encourage parties to express their views and understand each other’s perspectives.
  2. Promote understanding: Mediators can help parties understand the underlying interests, needs, and concerns that are driving their conflict. By identifying these underlying factors, mediators can help parties find common ground and develop creative solutions that meet their needs.
  3. Provide information: Mediators can provide parties with relevant information and resources that can help them make informed decisions. This can include information about the law, the mediation process, and the options available to them.
  4. Encourage settlement: Mediators can help parties reach a settlement by encouraging them to negotiate in good faith and find creative solutions that meet their needs. Mediators can provide guidance, suggestions, and support as parties work towards a resolution.

A mediator cannot:

  1. Decide the outcome: A mediator does not have the power to impose a solution on the parties. The outcome of the mediation is reached through negotiation and agreement between the parties.
  2. Provide legal advice: Mediators are not lawyers and cannot provide legal advice. They can provide information about the law, but parties should seek legal advice from a qualified attorney if they need it.
  3. Take sides: Mediators are neutral and impartial, and they cannot take sides in the dispute. They must remain neutral and impartial throughout the process, and they cannot give an opinion on who is right or wrong.
  4. Enforce the agreement: Mediators cannot enforce the agreement reached during mediation. The agreement is binding only if it is signed by the parties and approved by a court, if necessary.

In conclusion, mediation is a valuable tool for resolving conflicts in a cost-effective and amicable way. Mediators can help parties communicate effectively, understand each other’s perspectives, and find mutually acceptable solutions. However, it is important to understand the limits of a mediator’s role and to seek legal advice if needed. If you are considering mediation as a means of resolving a dispute, be sure to choose a qualified and experienced mediator who can guide you through the process and help you reach a resolution that works for you.

Your Business Reputation and Social Media

Most of us rely on social media to make connections and attract new business. This is particularly true in the age of social distancing, mask wearing and widespread caution due to the pandemic. It is certainly much safer than in-person networking.

However, for those who are unwary, the internet can also destroy professional and business reputation. As we have seen in the news time and again, business owners, professionals, and even celebrities can have their careers ground to a screeching halt because of offensive tweets, intemperate social media activity, and other actions that can be called out for being offensive or insensitive. In the age of #cancel, this can become a serious concern for professionals and business owners who rely on their personal reputations to connect with customers and clients.

At BHCRS, we have developed training and consulting services aimed at minimizing the risk of social media backlash and reputation damage. Our services would help you eliminate trouble spots in your team’s social media history and recommend guidelines to proactively prevent public relations crises. Services can be delivered in-person or through conferencing software nation-wide. Please Contact Us for more information and schedule a free consultation.

Conflict Resolution: An Overview

“So… What do you do?”

“Oh, so you just got your doctorate, congratulations! Which subject is it in?”

“Conflict Analysis and Resolution”

*blank expression* “Oh, interesting… So are you a mediator? What do you do exactly?”

“…”

I am a recent doctoral graduate in conflict analysis and resolution, and the conversation above happens to me on a semi-regular basis, from family gatherings to networking events and job interviews. It dawned on me that the subject of conflict resolution is an unfamiliar concept to many. Therefore, in this article, I am going to explain the concept of conflict resolution, why it is an essential expertise in the 21st century, and what one can expect with a conflict resolution specialist such as myself.

Why is Conflict Resolution essential in the 21st Century?

Conflict is an inevitable part of our world. From global confrontations to flamewars over social media, conflict is an integral part of an ever-shrinking world where we are increasingly connected by technology.

However, before anyone assume that all conflicts are disasters, let me clarify that conflicts are not always destructive. In fact, conflict is one of the forces that drive society forward, and a world without conflict would be one without innovation, without progress, and without evolution. Yet, when  conflicts spin out of control, they often descend into the dark void of violence and destruction.

As scholars of conflict resolution, my goal is not to eliminate conflicts altogether, but to understand their fundamental causes, and resolve conflicts with as little negative consequences as possible.

How does Conflict Resolution work in Practice?

Conflict resolution specialists such as myself can be called upon to deal with conflict in a couple of different ways such as Alternative Dispute Resolution or Conflict Management Consultation. In both ways, we seek to resolve the conflict through interpersonal interaction instead of legal solutions. They can be determined by a variety of factors including existing arrangement, court ordered diversion, and mutual agreement.

Alternative Dispute Resolution (ADR):

One of the most common forms of conflict resolution is the use of alternative dispute resolution tools such as mediation, facilitation and arbitration. These tools are generally used to settle the immediate dispute on hand without resorting to the courtroom. Examples include the practice of mediation during divorce proceedings, restorative justice sessions where victims and the perpetrator speak face-to-face with the help of a neutral counsellor, or arbitration between a business and a customer who seek restitution or refund. In all these cases, alternative dispute resolution’s ultimate aim is the creation of a legally binding settlement that would conclusively resolve the immediate issue at hand. While this is an efficient way to resolve ad hoc disputes without resorting to long and expensive legal processes, the practice of ADR does not always resolve any underlying issues that causes the conflict in the first place.

Conflict Analysis and Management Consultation:

Conflict resolution specialists such as myself can also approach conflicts in a more holistic manner by immersing ourselves into the place where conflict occurs. Instead of resolving conflicts as it arises, we examine the environment where conflicts develop and recommend changes that would minimize conflict occurrence and prevent  new conflicts from spiraling out of control and poisoning the environment. For example, if the client is a small organization, I would want to observe the day to day work of the organization, noting how team members communicate with each other, and note where conflict arises. Next, I will interview each member of the organization in a secure and confidential environment where they can express their opinions without fear of retaliation. After gathering enough information, I will examine the collected data as a whole to determine the causes of conflict and recommend solutions based on facts.

Conflict prevention solutions can be wide ranging, from improving lines of communication within the organization, to individualized training for team members on how to work with others. I might also recommend structural changes to organizations (such as deployment of technology) that would simplify interpersonal interaction and help prevent misunderstanding and future conflict. While there is absolutely no guarantee that these methods would eliminate conflict, the goal is to minimize their occurrence and severity.

“So… really, what do you do?”

So, what is conflict resolution? It is a comprehensive study of conflicts and how to resolve them. Those who are trained in conflict resolution understand that while conflicts maybe an inevitable part of our lives, it is important to prevent conflicts from spiraling out of control, spreading negativity and hurting those around us. Therefore, scholars of conflict resolution engage in the comprehensive study of both theory and practice of conflict analysis and resolution. We study the various causes of conflict based on sociological, political and humanist theories, and we learn the mechanics of conflicts, from international disputes to interpersonal arguments. To resolve these conflicts, we are trained to practice different practical methods of conflict resolution, which includes different forms of mediation, facilitation and negotiation. Finally, we are tasked to develop methods of conflict prevention, understanding the circumstances where conflicts might occur and how to prevent conflicts from escalating.

Conflict resolution doctorates comes from a wide variety of academic backgrounds, from anthropology students to lawyers who wish to study the practice of alternative dispute resolution and conflict resolution. We are versatile with our skills and able to apply them to a wide variety of situations. In our increasingly connected world, where conflicts online can spill over to real life, it is up to those who practice this discipline to bring solutions to students, organizations and corporations who wish for a less conflict-ridden future.