At Papa & Roberts, we want parties who participate in mediation to understand and be comfortable with the conflict management and mediation process.
Mediation is an informal dispute resolution and conflict management process in which one of our Rule 31 listed attorney-mediators conducts discussions among disputing parties designed to enable the parties to reach a mutually acceptable agreement. Mediation is a voluntary dispute resolution process, which means that mediators do not have the authority to force their clients to make any particular decision. Mediators facilitate conversation and negotiation in such a way that conflict is minimized and the dispute is resolved in a fair and cost-effective way. In addition, because our mediators are also licensed attorneys we bring a wealth of legal knowledge to the mediation process. This legal training and experience allows our attorney-mediators to assist parties in creating solid agreements that will stand the test of time.
Mediation is effective in resolving disputes no matter the level of conflict involved. We assist relatively amicable parties as well as parties who are experiencing extremely high conflict, and everything in between.
Once the mediation begins, there are four basic components to the conflict mediation process. The steps are typically not followed in a specific order, but rather are based on the unique needs of the parties and the nature of the specific dispute.
- Assessment - The mediator works with the parties to identify the specific conflict issues that are in dispute and are to be resolved.
- Education - Here, the mediator and parties discuss whatever legal, business-related, logistical, or individual or organizational limitations to conflict resolution that may exist. This discussion helps shape the particular conflict resolution and conflict management options.
- Brainstorm - Brainstorming is the heart of mediation, conflict management and dispute resolution. During this phase, the parties and sometimes the mediator will suggest possible ways to resolve one or more aspects of the dispute or conflict. Our trained mediators are skilled at conflict management and facilitating constructive participation in this process.
- Negotiation - Here, the parties decide how to resolve the conflict or dispute based on the issues and ideas presented. Often, parties will pick and choose various aspects of suggested solutions that had been discussed, resulting in a more creative and durable result.
Throughout each step of the mediation and conflict management process, the attorney-mediators of Papa & Roberts assist the parties in minimizing conflict during the mediation, while helping them create fair and lasting agreements. Our attorney-mediators often ask the parties questions and provide "reality checks" to attempt to elicit solid solutions that will stand the test of time.
At Papa & Roberts, we generally conduct conflict mediation sessions with all parties to the dispute or conflict in the same room, unless there is a compelling reason to separate them. This encourages the parties to begin to communicate directly with one another. For interpersonal as well as commercial or workplace conflicts, this restored communication serves the parties well who will continue to be in a business or personal relationship going forward.
Mediators often use different approaches to conflict resolution. You may have heard any of the following terms in the context of alternative dispute resolution or mediation (ADR):
- Facilitative Mediation
- Evaluative Mediation
- Transformational Mediation
- Standard Mediation
- Binding Mediation
- Non-binding Arbitration
- Dispute Review Boards and Panels
At Papa & Roberts, our trained attorney-mediators can explain the benefits and distinctions of each type of process and approach and work with the parties to determine the most appropriate path to long-term resolution.
Nashville Real Estate Mediator
In addition to business mediation, Attorney Leigh Ann Roberts is an experienced Nashville real estate, property, and construction dispute mediator.
Mediators and Alternative Dispute Resolution (ADR) professionals trained in conflict resolution are valuable resources for real estate agents and other professionals that encounter property and construction disputes. Construction, development projects, and property transactions in general give rise to many avenues for conflict. Conflict may arise between property owners and developers, contractors and subcontractors, remodeling professionals and homeowners, sellers and buyers, investors and stakeholders, homeowner warranty companies and policyholders, as well as the real estate agents and supporting real estate professionals.
A trained mediator and arbitrator, such as Leigh Ann Roberts, can help in such conflicts. Leigh Ann is an experienced real estate, property, and construction dispute mediator and arbitrator, who helps parties resolve realty-related disputes and save valuable time, money, and resources. Mediation is especially helpful where professional relationships and reputations are assets to be preserved and cultivated rather than strained or destroyed by lengthy and protracted litigation.
If you or your company is embarking on a large construction project, Nashville business mediator Leigh Ann Roberts can also assist you with conflict management strategies before you even break ground. In large real estate construction projects, construction professionals and developers across the country have begun using trained Mediators and Dispute Review Boards. Dispute Review Boards are bodies made up of neutral, trained professionals, which can include architects and attorney-mediators. Read more about Dispute Review Boards and other tools you can use as strategies for conflict management for your next large construction and development project.
Read more about how construction and real estate professionals are using Alternative Dispute Resolution (ADR) methods such as arbitration and mediation in their efforts to minimize the cost of conflict.
Medical Malpractice/Personal Injury Mediation
Plaintiffs and Defendants in personal injury cases, including medical malpractice, can all benefit from mediation. Internationally, insurance companies have begun utilizing mediation to resolve medical malpractice, personal injury, and property damage claims in order to preserve customer relationships and to limit expenses associated with lengthy litigation.
If you feel as though you have been wrongly injured, or if someone has accused you of wrongdoing related to a personal injury, explore the option of mediating your claim. If you have retained an attorney, your attorney will advise you of the frequent use of mediation in the resolution of medical malpractice and personal injury or property damage claims. The experienced attorney and business mediators of Papa & Roberts can help resolve the dispute in a way that reduces time, stress, and expense for all involved. Give our attorney-mediators a call to find out more about how mediation can play a large role in bringing your claim to an efficient and well-crafted resolution.
Health Care Mediation
The health care industry in general utilizes mediation internally to manage conflict and minimize the impact and cost of conflict on its professionals. Disputes among nurses, physicians, patients, other health care providers, and insurance companies lead to inefficiency and contribute to rising health care costs. For example, recent studies show that should an employment or workplace conflict occur in a health care setting involving a nurse, and that conflict leads to that individual seeking employment elsewhere, that health care company will incur an approximately $40,000.00 cost associated with replacing that nurse. Mediation of health care-related conflicts is cost-effective and Attorney-Mediator Leigh Ann Roberts of Papa & Roberts can help provide mediation services as well as conflict management training for individuals and groups in the health care industry.
Rule 31 Mediation
Benjamin Papa is a Rule 31 listed mediator for family/divorce cases, including those involving domestic violence. He is the only Attorney-Mediator in Middle Tennessee to be listed as an Advanced Practitioner for Family Cases through the international ADR organization, Association for Conflict Resolution. Leigh Ann Roberts is a Rule 31 listed general/ civil mediator.