Mediation/Conflict Resolution
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"Through our mediation process, we work
diligently to provide our clients the opportunity to
have the conversation that they wanted or needed to
have, but couldn't....until discovering us."
Heather D. McAllister, Esq. - Founder of The Flagship Group, Inc.
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THE FLAGSHIP GROUP MEDIATES THE FOLLOWING DISPUTES:
Employment, real estate, environmental, business disputes and probate, intellectual property, securities, torts, personal injury, antitrust and insurance.
WHAT IS MEDIATION?
Mediation is a freely chosen and deliberate agreed upon process that uses a trained, neutral to facilitate the negotiation of disputes. Most times, the process ends in a binding mediation agreement. In many mediations, the disputing parties are represented by counsel who are heavily involved in the entire mediation process, but it should be known that counsel is not required for a successful mediation.
WHEN DOES MEDIATION WORK?
Mediation works when the parties in dispute take the mediation seriously. Any dispute that can be settled is suitable for mediation.
WHAT ARE THE BENEFITS TO MEDIATION?
There are many benefits to mediation, some of which include:
● Time: in most cases mediation is less time consuming than litigation.
● Cost: mediation is a much cheaper alternative to litigation.
● Voluntary Process: mediation ensures that the parties in dispute remain in control of the outcome.
● Privacy and Confidentiality of the Process and Dispute.
● Better Way to "Untie" the Dispute.
● Improved Understanding and Relationships: mediation assists parties in figuring out the current dispute as well as any additional, future disputes that may arise between the parties.
SITUATIONS WHEN PARTIES NEED A MEDIATOR INCLUDE...
● When early signs of conflict such as non-communication, avoidance and back-stabbing exist.
● When hostile behavior is present and there is a negative attitude.
● When there are frequent, difficult interactions between employees, business associates, family members, etc.
● When you observe frequent resistance and passive-aggressive behaviors.
● When you notice hostile behavior and abusive gestures.
● When individuals in the workplace avoid each other and/or give the cold shoulder to each other.
● When you need to “sort out” or “untie” issues and get things moving again.
HOW DO PARTIES GET TO MEDIATION?
Parties typically get to mediation in one of three ways: (1) one of the parties in dispute suggests it to the other party and both parties agree to the process; (2) it is a required and an agreed to step via a pre-existing agreement; (3) the court suggests mediation.
No matter how your dispute gets to mediation, when you contact The Flagship Group we create a seamless transition that will get the parties into the mediation process.
WHAT IS THE MEDIATOR'S ROLE IN THE MEDIATION?
Once the parties have agreed to mediate their dispute, The Flagship Group will work with the parties in dispute to ensure a good process for the parties. The mediator will not render a decision, but will facilitate the conversation between the parties. On some occasions, and upon the parties’ request, the mediator may evaluate the issues in dispute.
PRIOR TO THE MEDIATION...
An individual from The Flagship Group will talk with the parties or their counsel to make sure that the case is amenable to mediation and discuss costs, format and the individuals that will be part of the mediation. This is also an opportunity for the parties in dispute to ask any questions that they have prior to beginning the mediation process.
THE MEDIATION
At the mediation, the mediator will give an introduction, allow the parties adequate time to present their views, provide facilitation of and a platform for problem solving, negotiation and resolution. The mediation will work best if parties are open-minded, cooperative, honest and willing to communicate.
CONFIDENTIALITY
Typically, the communication taking place between the parties in the mediation is confidential. This provides a platform for the parties to be most honest and truthful with each other and work toward a resolution of the dispute.
CONTACT:
To schedule a case, call The Flagship Group, Inc. at 202-302-6364 or 213-927-2150.
PRE-MEDIATION TELEPHONE CONFERENCES:
Feel free to call Heather to discuss whether a particular case is appropriate for mediation prior to scheduling. If a case is scheduled, you may call Heather to discuss any issues you may have concerning the mediation.
MEDIATION BRIEFS
Mediation briefs should be submitted five (5) business days before the mediation. Opposing parties should provide Heather with a non-confidential brief and should exchange this brief with each other. Counsel may also submit a supplemental confidential letter to Heather if they would like to communicate confidential information prior to the mediation. It is recommended that counsel provide their brief and all opposing counsels' briefs to their clients prior to the mediation.
Plan. Implement. Achieve.
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