In recent years the growing costs, delays and the inherent risks associated with the court system have lead to many clients looking for alternative ways to resolve their disputes. Many would prefer to reach an agreement rather than to have someone impose a solution. In mediation, parties are given the chance to discuss what really matters to them and have those issues addressed as part of the solution.
In today’s business world, where relationships with clients, customers and service users can very often be more important than the value of a single transaction, when things go wrong it can be more important to rebuild the relationship than to prove who was 'in the right'. That means that more and more clients and their lawyers look to use mediation to solve their problems in a way that addresses more than just the recovery of money or the assertion of rights that the court system is designed to deliver.
At Anderson Strathern we believe in trying to find ways to resolve issues quickly and efficiently using whatever tools we have available to do that. Mediation is one of those tools.
How can we help?
Alun Thomas, Scottish Mediation and CEDR registered mediator, leads our mediation service. Alun has been mediating for over 10 years and his confidential mediation service has delivered mutually agreed solutions to complex problems for clients in all parts of the Scottish economy.
Using a one day model and working with a constructive approach to conflict, Alun has been able to help clients find ways to resolve their disputes which allow them to restore and rebuild damaged relationships whilst avoiding the cost and delay of formal process. Alun is always happy to discuss ways in which mediation might be useful in resolving problems.
The way in which a party approaches the problem that confronts him will very often dictate the outcome that he achieves. Aggressive confrontation of an “opponent” leads to denial, resistance and very often to an entrenchment of position which serves to make the achievement of a satisfactory outcome less, not more, likely.
Our mediation service can help parties embarking upon a mediation to understand the way in which conflicts arise, how people deal with conflict and how mediation works. We are able to help parties prepare for and to present at the mediation in ways which maximise the opportunity that mediation provides to achieve effective and lasting resolution of even the most complex of disputes.
In-house mediation schemes
More and more businesses recognise that the introduction of internal mediation schemes is the best way to resolve workplace and customer conflict. We can help you to create an in-house scheme which utilises your internal resource to produce a more effective solution to many of the issues that you currently find grinding through your internal disciplinary, grievance and complaints systems.
Working with appropriate people inside your organisation, we can help you to make the most of the experience you already have in getting the best out of your organisation and avoiding the damage that conflict can cause to even the best run business.
Mediating for managers
We know that the best management development programmes will benefit from introducing an element of training in mediation skills. Most managers get to be where they are because they have proved themselves to be good at the technical aspects of the business in which they are employed. Many managers spend time on personal development and training on getting the most out of the teams which they manage. These days the ability to utilise the skills that have been developed in mediation is recognised as being a key component in creating managers who minimise conflict in the workplace. We can help add value to your internal training packages by teaching your managers the key elements of adopting a mediated approach and are happy to work with your internal trainers to develop course content that fits your business.