Good Dog’s Guide to Using Mediation for Conflict Resolution

What Is Mediation?

Mediation is a process that helps to resolve issues between two opposing parties in an unbiased way. The process is informal and private, however the results of a mediation can be enforced through the court system. Its lack of rigid structure (1) allows for both parties to speak honestly and freely, (2) allows for both sides to be involved in the discussion and decision making process, and (3) encourages creative solutions that make both parties feel comfortable and heard. 

Examples of when Mediation could be beneficial:

• When your puppy buyer who agreed not to breed your puppy changes his/her mind.
• Your buyer decides to get a puppy from another breeder and insists on receiving their non-refundable deposit back.

Why Is Mediation Important?

Mediation allows parties to come to an agreement without needing to go through a formal court proceeding. Going to court can be time consuming and very costly, from both a financial and emotional standpoint. Although it may be difficult at times to work with the other party in a dispute, mediation can help both parties save a large amount of time and money. Additionally, mediators can work with both sides to help you reach an agreement allowing you to reach a resolution faster and on your own terms. 

What Is the Mediator's Role?

A mediator is an unbiased third party who does not represent one side or the other. Their role is to remain neutral as they help facilitate discussions and guide both parties towards a resolution. The mediator is not a decision maker (unlike a judge or arbitrator), meaning the mediator will not decide who is right and who is wrong. It is ultimately up to the disagreeing parties to decide the outcome themselves. 

The mediator helps to structure the discussion by assisting the parties to focus on what is most important to reach an agreement. When two parties are in disagreement, things may get heated and emotions can run high. A mediator helps both sides keep things in perspective and helps maintain a low-stress environment so the parties have the best chance of coming to a resolution. 

A mediator might help with:

• Encouraging the parties to go through the exercise of putting themselves in the other parties' shoes (sometimes even role playing this exercise).
• Articulating what the other side may be upset about or why they want a certain resolution.
• Articulating things each party could have done better and helping both parties to do some self-reflection.

Is Mediation The Right Choice For Your Situation? 

Typically the first step in trying to resolve a conflict with another party is to talk with them directly. In many cases a conflict arises if there is a breach of contract (see Guide to Breach of Contract for help with a contract breach).  If two parties remain in disagreement, mediation can be a good option. 

How Do I Find A Mediator?

Anyone can act as a mediator, as long as they are a third party that can remain neutral and completely unbiased. Professional mediators oftentimes have an undergraduate degree and several years of applicable work experience. No specific work experience is necessary, but it is helpful if a mediator has knowledge of the industry they are helping to mediate in. However, if the parties wish to keep the cost low they can find an unbiased third party who may assist them for free. 

Important skills for a potential mediator include:

• Prior negotiation experience
• Active listening skills
• Critical thinking skills
• Ability to remain impartial - the mediator should not be affiliated with either party
• Ability to adapt to different situations and personalities  

If a formal, paid mediator is preferred (though, remember, this is not necessary), there are a number of sites (such as https://www.mediate.com/), which can help you locate a mediator close to you. 

What To Expect During A Mediation

Mediations typically follow the below structure:

1. The mediator might start out by setting expectations and encourage each party to be positive and work cooperatively toward a resolution. 
2. Each party may share their point of view and information about the dispute. 
3. Parties might then have a conversation with each other about what was shared. 
4. Once the parties engage in discussion, the mediator will then talk to each party individually to see how they are feeling about the process and make sure they feel good about the potential resolution.
5. Next, the mediator typically will bring the parties back together to have further discussion and then try to finalize a resolution. 
6. Once a resolution is reached, it is important to formalize and document such resolution in a written agreement signed by the disagreeing parties.

Things To Keep In Mind During Meditation

• Mediation is voluntary, so both disagreeing parties must agree to participate 
• Start early. Keep timing in mind. Once the parties have determined they are not able to resolve a dispute on their own, they can start working on mediation. It is often helpful to begin mediation as early in a disagreement as possible. If the cause of the dispute is a contract breach it may be helpful to review our Guide to Breach of Contract.
• Timing can vary. The time needed to complete a mediation can vary depending on the situation, but most mediators suggest setting aside at least four hours to start.
• Mediation outcomes are not always binding, but if a formal agreement or contract is reached, those documents can later be submitted to the court if further disagreements arise.
• Document any agreement. It is important that any agreement reached during the mediation be documented once the parties come to a settlement. Courts can only enforce signed mediation agreements.
• Stay calm and be patient. Emotions can run high during a disagreement, but staying calm and being open to working with the other party will help you come to a resolution.
• Keep it confidential. Mediation should be confidential, in an effort to encourage both sides to share their thoughts, feelings, and facts in order to come to a resolution. 
• Keep it off social media. It is best to keep any negotiations between you and the other party and avoid sharing any details or disparaging remarks on social media.
• Try to be flexible. In order for both sides to reach a resolution it is important that everyone keeps an open mind and tries to be flexible during negotiations.
• Actively participate. Both sides should actively participate in the mediation, meaning both sides should share as much information as possible and actively listen to the other party’s feelings and needs.
• Outcomes can vary. It is ultimately up to the disagreeing parties to come to a resolution and the mediator cannot guarantee a certain outcome. It is the goal for mediation to end in a mutually beneficial solution where both parties feel heard.
• Role of the mediator is to guide discussions and remain unbiased. The mediator does not decide who is right or wrong.
• Sign a waiver and consent form. It is best practice to have all parties sign a waiver and consent form.  We have created a sample Mediation Agreement that you can use if needed. This form serves to protect both parties and the mediator by outlining the legality surrounding any discussions or agreements during the mediation.
• Bring necessary documents. You should bring all necessary documents/contracts that may have been signed (and consider sharing with the mediator beforehand).
  

Should mediation prove unsuccessful, parties can consider other more formal legal options.

Disclaimer: This resource is provided for general information purposes only, and shall not be construed as legal advice on any subject matter. Any advice we provide does not create an attorney-client relationship. We are not acting as your lawyer and are not barred to practice in your state. We would recommend connecting with a lawyer in your state if you are able. Legal advice is dependent upon the specific circumstances of each situation and the law may vary from state to state. Some information in this resource center may not be correct for your state or for your specific circumstances. This resource was prepared only in accordance with U.S. law and does not reflect the laws of any other country. Good Dog expressly disclaims all liability in respect of actions taken or not taken based on any or all of the contents in this resource center.