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The following example is provided for learning
purposes only. This example is not based on real people and any
similarity to real people is not intended.
Candace has filed suit in Small Claims Court for charges covering
final childcare payment plus two weeks notice required by contract
but not received from Emily. Candace and Emily have accepted the
opportunity to attempt voluntary mediation prior to their day of
trial. They meet with Community Mediation Center volunteer mediators
at a mutually agreed upon time.
After initial exchange of positions, Candace and Emily are able
to listen to each other and afford some recognition to the other’s
perspective. The mediation uncovers numerous areas of misunderstanding
and disagreement—the initial complaint concerned money-owed,
but each party brings other difficult issues to the table. The mediators
are able to reflect the party’s comments back to them for
review and summarize positions to help them find areas of possible
agreement. While the parties initially focus their comments on the
mediators, the mediators are successful in redirecting the parties’
remarks to each other. The mediators’ role is simply to assist
the parties in understanding that they have options, expressing
their concerns, and attempting to understand the other party’s
position. The mediators do not offer solutions or legal advice.
Candace insists that Emily didn’t give clear notification
of removing her children from the childcare center. Emily feels
she did give oral notification and shouldn’t have to pay any
penalty. Just when it looks like they are about ready to give up,
Emily makes an offer. She’s willing to pay for the remainder
of her childcare charges, minus the amount billed to the additional
two weeks notice. Candace decides to accept the offer in light of
better recognition of Emily’s perspective and review of her
own contractual agreement, which doesn’t specifically require
written notification.
Both parties seem relieved to have arrived at a solution by themselves,
without having to appear in a public court proceeding. They thank
the mediators for their time and leave on speaking terms with each
other.
Dispute between grandmother
and mother
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