Collaborative Focus

Description

Mediation: the word invokes different images and definitions for different people. Mediation in an environmental and public policy context means simply this: Parties voluntarily and in good faith engage each other for the stated purpose of finding mutually acceptable solutions to issues in dispute or that could become a source of conflict. Mediation works best — fact, works only — if all parties agree and confirm to each other that a mediation setting is THE best forum for achieving their best possible outcome. Here is why: When parties examine their interests and options with candor (and often with the help of a third-party neutral), they sometimes find that another forum will yield better results. The other forum may be the courts; legislative lobbying or the passage of time. Parties should not waste their time working toward a mediated result when some at the table cannot participate fully and in good faith. Martha Bean can alert parties to the conditions that must be in place before mediation is attempted. Through two decades of experience, Martha Bean is continually reminded - and heartened by - the ability people have to create their own, mutually acceptable solutions. Sound, substantive information, a process that is fair, and good mediation coaching are the principle ingredients to achieving results. Martha Bean can provide the environment and the expertise to help achieve these results. In the last decade, Martha has seen more parties bring a 'mediative state of mind' to their own problem solving. This is a welcome evolution, for often parties can achieve agreement without the help of an outside neutral party. And when they do engage a mediator, it is with an informed and positive understanding regarding the role of the neutral. A principle advantage in using an outside mediator is this: all parties can equally and fully participate in the effort to forge agreement. No one has to be 'switching hats' from mediator / facilitator to participant. Experienced negotiators find it is nearly impossible to adequately and energetically advocate for one's own interests and outcomes while simultaneously assuring a fair and efficient process. How do parties determine if their issue is ripe for mediation? How do they know issues are sufficiently well-formed and resolution sufficiently imperative? A strategic assessment can be a first step in unraveling an environmental issue such that it can be determined if the issue is appropriate for mediation. Ethics and Access Martha Bean is a member of the Association of Conflict Resolution (ACR), and issue-specific sectors within this organization. Ms. Bean adheres to the code of ethics distributed by ACR, and by the 'best practices' guidance offered for mediators working with governmental entities and issues. Read more about ACR and Model Codes of Conduct

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