Mediation

At Accord Solutions, we offer two forms of mediation:

1. 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.

2. Mediation for 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. We encourage parties to speak directly with one another, and while we are willing to speak privately with a party upon request, we do not carry messages and settlement offers back and forth.

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. 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:

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-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.
3. 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.

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.