Mediation is facilitating negotiation among parties toward what they consider to be an appropriate resolution of their dispute. The mediator's independence and lack of conflict of interest make it possible to work with the parties in a neutral, independent capacity.

This includes needs assessment, design, conduct and management of the mediation process, support for the parties' negotiations with each other, facilitating identification of issues, interests and options as well as assistance in identifying and exploring elements of settlement.

Forms of principled negotiation among parties to a dispute include: a) party-to-party or multi-party; b) co-mediation; c) mediation in a mediation/arbitration process; d) external ombudsperson - each "...to promote reconciliation, settlement or compromise...".

Also, see MEDIATION QUESTIONS

Copyright 1999-2007 Frank McLean
page last updated 29 Jan 07

Negotiation often takes place among interested parties acting on their own.The Practice provides needs assessment, design and conduct of consultations with and among parties who are comitted to explore, address and work to resolve sensitive, contentious or controversial issues.

This includes: a) negotiation services representing a client in a negotiation or b) negotiation support services to a client leading their own negotiating team, c) negotiations design. In either event, it is important to establish a working relationship at the earliest stages of negotiation planning, strategy and design.

If a matter in the course of a negotiation reaches an impass, it can become the subject of a mediation process. Mediation employs principled negotiation, that is, negotiation based on the needs and interests of the parties, and not limited to their positions. Also, other forms of dispute resolution may be indicated. 

Copyright 1999-2007 Frank McLean
page last updated 29 Jan 07

Gathering and possibly exchanging necessary factual information is essential, whether one is managing a dispute, undertaking a developmental initiative or making a submission.

Engaging an independent third party to design a process, gather data in confidence, and possibly provide independent analysis, generates information, findings and understandings in which various interests can have confidence.

Services include needs assessment, design, conduct and coordination of consultations and information gathering among interested parties and relevant sources.

Copyright 1999-2007 Frank McLean
page last updated 29 Jan 07

Beyond data collection and analysis, the "good offices" role of a Neutral Party can be a key part of managing disputes or facilitating development, especially when multiple or competing interests are involved. Consequently, there is a wide range of situations that can benefit from using a Neutral Party in solving problems and seizing opportunities.

Acting as a Neutral Party, the Practice provides needs assessment, design and conduct of consultations with and among parties comitted to explore, address and work to resolve sensitive, contentious or controversial issues.

Copyright 1999-2007 Frank McLean
page last updated 29 Jan 07

In organizations, professions and communities one hears the observation "There's no one to raise a problem or issue with confidentially; everyone has an interest; no one is neutral." A neutral role facilitates, lowers costs and creates opportunities contributing to an effective and healthy working environment.

Creating a credible and effective ombudsman role is a challenge. It is critical to take the steps needed to position this role positively, openly and effectively. Insulating an ombudsman from influences that can undermine her or his credibility in the eyes of interested parties, an organization or a community is essential.

Contracting out is an alternative to an internal appointment. The implications of creating, institutionalizing and conducting such a role need to be identified and addressed, including its potential and actual effectiveness.

Copyright 1999-2007 Frank McLean
page last updated 29 Jan 07

It is well established intuitively and in experience that preventing them is effective and economical policy practice.

The Practice provides needs assessment, design and implementation of: a) dispute resolution roles, policies, practices, and b) asssitance in drafting dispute management provisions in agreements.

Dispute prevention measures can provide quick access to individually designed and adapted dispute resolution processes as well as reduce the frequency, severity, costs and negative consequences of disagreement, dispute or conflict. (See "Ombudsman".)

Copyright 1999-2007 Frank McLean
page last updated 29 Jan 07