Mediation and Arbitration Services

We provide fair and knowledgeable neutral services for employment-related mediations and arbitrations.

Mediation

At Accord Solutions Group, 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 also employ evaluative methods when appropriate.

We encourage, but do not require, parties and their counsel speak directly with the opposing side, at least during portions of the mediation.

We encourage parties with ongoing 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.

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 Services. Conflict coaching often incorporates many of the same principles as mediation and may be provided simultaneously to one or more individuals.

Arbitration

A new area of practice at Accord Solutions Group is Shaunda McNeill’s service as a neutral arbitrator in employment disputes. Shaunda brings more than a decade of litigation experience, including significant experience representing clients in arbitration. She approaches her work as an arbitrator with a deep understanding of employment law, as well as a practical understanding of the needs of the parties and their counsel for timely and decisive rulings.