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Examples
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. Conflict Over Childcare 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.
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