At Accord Solutions, we offer mediation for individuals in conflict who desire to restore their working relationships. Parties to mediation may be, for example, co-workers, supervisors and employees, executives, start-up co-founders, or board members.
We follow the transformative model of mediation, which involves an exploration of the issues underlying the conflict. This is important because conflicts are often touchpoints for deeper issues in relationships or institutions. If the deeper issues are not resolved, similar conflicts will continue to emerge.
In transformative mediation, the mediator encourages the parties to reach a resolution addressing not only the immediate conflict but also a plan for addressing the underlying issues and for addressing future conflicts that may arise. Parties are encouraged to express their concerns, interests, and needs and to understand the concerns, interests, and needs of the other party.
At Accord Solutions, mediation consists of the following steps:
- Engagement and Conflict Checks. Accord Solutions may be engaged by the parties or by the parties’ organization. Mediation is a voluntary process, so even if we are engaged by an organization, the parties themselves must sign an agreement to mediate. Accord Solutions will check for conflicts to ensure the mediator can appropriately serve as a neutral.
- Pre-Mediation Calls. The mediator will schedule a separate call with each party to understand that party’s perspective. This allows the mediator to prepare to facilitate an efficiently and effective mediation.
- Mediation. We generally conduct mediations in joint sessions, in person, except where harassment or other threatening behavior has been alleged. When circumstances require, we will conduct mediations remotely.
In Utah, mediation is governed by the Utah Uniform Mediation Act, which begins at Utah Code 78B-10-101. With limited exceptions, written and oral communications made during the mediation process are privileged from disclosure in any subsequent litigation. Thus, the parties may express themselves freely, admit any mistakes, offer apologies when appropriate, and explore potential solutions, all without worrying that these statements could be used against them in litigation.
A mediator has no authority to impose an outcome on the parties; it is up to the parties to determine whether they will agree to a mutually acceptable resolution. If they do so, they generally will memorialize their agreement in a written document that may be legally binding.
The pricing structure for mediation can be found here.
As an informal alternative to mediation, Accord Solutions offers Conflict Coaching and Support to individuals and groups. We advise clients to choose between mediation and conflict coaching based on the criteria in the left column of the following chart:
| Mediation | Conflict Coaching and Support | |
| Likelihood of Litigation | Statutory privilege applies to prevent mediation communications from being subpoenaed or otherwise used in litigation | No statutory privilege applies to coaching communications. However, coaching sessions are treated as confidential and limited written information is retained by the coach. |
| Acuteness and Severity | Mediation is appropriate where there is an acute conflict needing to be addressed swiftly. | Coaching is appropriate when a conflict is less acute, such as where parties desire to improve a working relationship but do not have a primary point of conflict in need of urgent resolution.. |
| Preferred Format | Mediation is structured around a single multi-hour mediation event, with preparatory calls and possible follow-up communication. | Coaching is flexible and customizable. It generally consists of one or more hour-long coaching sessions. |
| Willingness of Both Parties | All parties must voluntarily agree to mediate. | Coaching can be provided jointly to all willing parties; however, it is also appropriate where only one party to a conflict desires to participate. |