Mediation Levels

Innovative Mediation has identified three stages of conflict, each characterized by a distinct overarching interest of the parties.  By developing a system to meet the conflict at any point, Innovative Mediation creates the opportunity for you to achieve a meaningful resolution as soon as the need for facilitation is recognized.

Strategic Facilitation – Work through competing interests toward a common goal.  This first level of service works with parties who are not adversarial but have different perspectives on how to achieve a shared objective.  Important decisions are avoided because the continued relationship of the parties is perceived as threatened by the conflict.  Everyone is waiting for an easy and comfortable solution to present itself.  Mediation is appropriate at this stage to keep all interested parties in alignment, untangle the issues that are causing impasse, and propel forward movement.

As the voice without an agenda, Innovative Mediation helps address sensitive issues without accusation or shame.

Examples:

  • Siblings facing long-term care decisions for an aging parent or managing the parents’ estate
  • Business partners in disagreement on fair compensation structure or management roles
  • Co-tenants of income property with differences of opinion regarding use and improvement of the property
  • Non-profit organizations facing governance crisis

 

Conflict Resolution – Resolve conflicts and avoid going to court.  This level of service recognizes that a relationship has broken down and is rapidly deteriorating.  Attempts to resolve differences have been unsuccessful and further negotiations seem futile.  Litigation may feel like the only option to prevent further injury and achieve justice.  Mediation is sometimes overlooked as just another form of pointless negotiation.  Before spending tens of thousands of dollars and hundreds of hours fighting in litigation for an uncertain outcome, invest in mediation.

We know how to break the stalemate and provoke further negotiations.  We draw on our understanding of legal positions and risks, implications of alternative decisions, hidden devices and strategies, cost-benefit analysis, and decision models to illustrate your choices and consequences in a neutral and fair forum.  Innovative Mediation guides you through the muddle to clarity:  the best mindset from which to make reasoned decisions and reach a sustainableresolution.

Examples:

  • Breach of contract claims
  • Inheritance disputes
  • Workplace conflicts
  • Neighbor and property problems
  • Business and partnership dissolutions and reorganizations

 

Litigation Mediation – Reach a settlement during a lawsuit.  Once parties find themselves in litigation, they are invested financially and emotionally to a victory that is in the hands of a judge or jury.  The cost escalates rapidly and our judicial system, though one of the best in the world, can only deliver a decision.  Justice, peace, and reconciliation rarely coincide with the verdict.  Parties are often left financially and emotionally bankrupt, frustrated by a system that is overburdened and failing.  You deserve better.

Innovative Mediation helps get the case settled by working with each party to assess the risk of trial, the expected value of the case, worst and best case scenarios.  Innovative Mediation explores perspectives and bias that may alter the expected outcome and works tirelessly with both sides to reach a sustainable settlement that is fair to all parties.

We offer both Online Mediation and Conventional Mediation for your convenience and comfort. 

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We can't solve problems by using the same kind of thinking we used when we created them.

Albert Einstein

 

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