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Costly litigation not needed in all conflicts
By Paula Schleis
Beacon Journal business writer
Published on Monday, May 12, 2008
Look under ''mediators'' and you'll find a grand total of six listings.
Read into that what you will, but it might explain why mediators scratch their heads and wonder why more folks drain their bank accounts chasing costly litigation when a thoughtful afternoon with a mediator might resolve their problem.
''With a third person present, it just changes things. People are able to talk things over,'' said Bernard Winick, who teaches business law at the University of Akron.
Winick became a mediator after retiring from UA in 1998.
He recently returned to UA to teach part time, and now helps train mediators at Northcoast Conflict Solutions in Seven Hills, one of only a handful of mediation firms in Northeast Ohio.
John Bertschler, who founded Northcoast Conflict Solutions in 1997 with his wife, Patti Bertschler, said many of his clients are trying to resolve workplace issues.
One recent case involved an allegation of sexual harassment, he said. A woman felt inappropriate things had been said to her and that she had been wrongly passed over for promotion.
Mediation isn't about trying to establish guilt or innocence, Bertschler said, so the goal was to lay ground rules for how the parties would treat each other going forward.
Another case involved a pastor arguing with his lay board
over the day-to-day operation of their church, and a small business where the partners couldn't agree on the direction their company should take.
''Usually people who go to mediation are aware of what happens when they go to litigation. That it costs a lot. That things can get out of hand with lawyers and courts making decisions for them rather than they themselves,'' Bertschler said.
In mediation, the mediator doesn't get a vote, so the two sides remain in control throughout the process.
''It's much harder once you go to court. You can't put the toothpaste back in the tube,'' he said.
Still, so many businesses and individuals are not aware that mediation is even an option, Bertschler said.
''If you ask someone to quickly tell you how to resolve something, they'll say, 'Let's get lawyers.' If more people understood this was an option, they would immediately see how advantageous it is,'' he said.
Benefits obvious
Winick said he was immediately sold on the benefits of mediation when his wife suggested he take the training himself a decade ago.
An obvious benefit was the cost. Where he typically got about $120 an hour and could often mediate a conflict in six hours or less, he saw attorneys making $200 an hour for cases that lasted months, even years.
Winick came to specialize in divorce mediation (where his legal background helped) but also handled some business cases (where his business experience shined.)
The stickier the situation, the more Winick loved trying to guide the parties to a creative solution. And it's the calming influence of an objective counselor that can completely change the dynamics of the situation.
''A lot of people say, 'We couldn't seem to get anywhere, but when we're at your office, it's different,' '' Winick said. ''I guess they feel safer, that someone is there to make sure the other person isn't going to take advantage of them.''
Mediators are not regulated, but there are some guidelines that most experienced mediators follow.
For one, they encourage the parties to come up with their own solution, not solve the problem for them. However, Winick said, mediators often share how they have seen others solve similar problems, as a way of offering an option.
And, of course, a good mediator needs to know how to remain neutral and calm, even if one party seems angrier or more egregious than the other.
''You cannot even give a hint that you might be on one side,'' Winick said.
Mediation doesn't always work. But it's almost always worth a shot, Winick said.
Hospital program
At Akron General Medical Center, Laurie Patterson has converted a lot of people.
Three years ago, the hospital started an in-house conflict management program for employees called AGREE (for Akron General Respects Each Employee.)
These aren't often cases headed for the courts. More likely, they are more common, nagging complaints that can lower morale and create hardships for one person or a whole department.
''It's about employee satisfaction and patient safety,'' Patterson said. ''When we are in conflict, a lot of the brain is taken up with that, and that is not good for health-care workers.''
Last year alone, Patterson's one-woman effort reached 758 of Akron General Health System's 5,800 employees.
''I've heard from many of them, 'Now that that conflict is resolved, I feel more connected to my patients and I know I'm less likely to miss something I should see,' '' she said.
Some conflicts are harder to resolve than others. Feelings of shame or embarrassment can keep people from seeking a resolution.
But that culture can change.
Since making mediation a routine option at Akron General, ''I see people more willing to address issues,'' Patterson said. That can be as simple as empowering one colleague to tell another, ''I didn't see you wash your hands.''
For others, the issue is getting them to see there is a problem at all.
''We're all good at avoiding conflict, so issues aren't resolved and [people] can feel hopelessness.''
Mediation can expose those wounds so healing can begin.
''Avoidance,'' Patterson said, ''is our enemy.''
Paula Schleis can be reached at 330-996-3741 or pschleis@thebeaconjournal.com.
Get the full article here.
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