Mediation

 At Accord Solutions, we offer mediation for two kinds of disputes:

1. Disputes between individuals 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.

2. Disputes between parties in litigation or pre-litigation. This would typically involve an individual with claims against a current or former employer.

We are trained in the transformative model of mediation, which is based on party-directed conversation. The transformative approach helps parties become clearer in their own thoughts and empowers parties to take more ownership over the settlement process. We are not evaluative mediators, meaning that we do not offer opinions about the merits of the parties’ claims and positions. Nor do we pressure parties toward settlement.

In a transformative mediation, parties and their counsel speak directly with the opposing side. While our mediators are willing to speak privately with a party upon request, we do not carry messages and settlement offers back and forth. (We are flexible in those limited situations where allegations of harassment or other threatening behavior may make a joint meeting feel unsafe for one party.)

We encourage parties with working relationships 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.

At Accord Solutions, mediation consists of the following steps:

1. 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.
2. Pre-Work and Optional Written Submission. The mediator will assign pre-work to each party. In addition to completing the pre-work, parties may choose to submit a short brief or position statement to the mediator (up to 4 pages). 
3. Pre-Mediation Calls. The mediator will schedule a separate call with each party to hear that party’s concerns and perspective and to discuss the mediation process.
4. Mediation. The mediation will take place in person, if possible, in a joint session. The discussion will be directed by the parties and their counsel, with the mediation supporting them. 

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.

Because formal mediation can only be conducted by a neutral mediator, we are unable to provide these services to clients with whom we have an attorney-client relationship (or to their employees). However, we are able to offer our clients (and their employees) Conflict Coaching and Support. This service often incorporates many of the same principles as mediation and is provided one-on-one to individuals, as well as to groups or two or more.