Mediation Success Stories
Community Mediation
Profound Simplicity of Mediation. "I came into the mediation process with low expectations of coming to a resolution. I had previously navigated through a difficult divorce in a court system that was frustrating at best. The profound simplicity of having two grounded, skilled and caring mediators providing a sale environment in which my daughter's father and I could have a productive conversation about custody concerns, was revelatory. At the end of two hours, we were able to walk away with a written agreement that reflected the best interests of our daughter. I am exceedingly grateful and am enthusiastically recommending SEEDS services to others." - S. Champagne
A “Sweet” Real Estate Mediation. A family bought a house from another family. The house had some serious undisclosed defects that cost the buyers thousands of dollars to repair. The buyers had never met the sellers, and brought them to mediation to ask for compensation. The parties ended up bonding over the fact that they were all immigrants from the same country, their love of the house, and the fact that they were all first-time homebuyers at the time each bought the house. The seller made a generous offer to compensate the buyer, which the buyer accepted. Then they all talked about getting together for a backyard BBQ, having the sellers’ kids come back to visit their old house, and pick some apples from their old apple tree. Who knew that a real estate mediation could be so sweet?
Support to Stay Respectful. The mediator says, "What I loved about their mediation was how they used the process to help them with the difficult emotions and sense of unfairness that still existed in their relationship. They were both respectful of each other and simply were at a difficult moment when having some support while crossing an emotional minefield was welcomed."
“Shockingly” Better Than Going to Court. This case involved two apartment owners, and the property managers who worked for them. The dispute was about money owed to the property managers. Each side shared their story and listened to where the other was coming from, and in the process words and intentions were clarified without the anger and emotion getting in the way. As a result, both parties better understood the other and a compromise—which they both came up with themselves and agreed to —was made. The businessmen, who were “used to dealing with lawyers” when they have had disputes, said afterwards that they could not get over how quick, inexpensive and painless the experience was. They were used to drawn out legal battles, lawyers' fees, and weeks or months of court battle. “We're shocked,” they described the experience. “We wish we'd discovered mediation years ago...!!”
Court-Recommended Mediation
Saying You’re Sorry (Small Claims Court). Two parties were arguing over the cost of a fence repair between their houses. They were angry, defensive, and suing each other. They agreed to try mediation before seeing the judge. At first there was no shifting either of their positions. Then finally one of them admitted that perhaps they were not in the best frame of mind after a 12-hour flight with a screaming baby. And the other apologized for perhaps being a bit hasty in his judgments and a bit loud in his statements. And from there, the mood shifted, everyone relaxed, and they were able to work out a payment plan for the fence --and keep their relationship as neighbors healthy. You can't say you're sorry in a court of law without admitting guilt and paying for it. You can in mediation!
A Creative Solution (Small Claims Court). This case included complicated issues around both payments and timing. Working with a mediator, the parties worked out how they would settle things, including timing and contingencies. When the parties and the mediator brought the agreement to the judge, he said he would never have thought of such a creative solution to the problem. He was amazed at what an hour or two together at a table with a mediator was able to bring about.
Two Brothers Find Each Other Again (Small Claims Court). Two brothers came to Small Claims Court, suing and countersuing after a long, involved disagreement and escalation of hostilities. In court, they were sitting as far apart as they could in the gallery, bristling with energy. They agreed, however, to mediate their case. The mediation process started off rocky, with canceled meetings, suits and countersuits, and restraining orders filed. One Friday afternoon, they tried again with mediation. As each of them stormed out, the mediator said, “I will go with you anywhere you want. Call me when you are ready.”
Three days later, one brother called and said he was ready to try again. The other brother also agreed to try one more time. On some level, they both wanted to restore their relationship and were committed to working things out despite their anger and frustration. They met with their mediator at SEEDS, settled the judgment, modified the restraining order, and reached an understanding together. Part of this understanding was the need for further mediation. When the mediator suggested they shake hands on the deal, they stood together. One said, “Not good enough,” and they both walked around the table and hugged, having found each other again.
From a Nasty Civil Harassment Case to Agreement in Community Mediation. This dispute involved escalating inter-family dynamics and threats of violence. The resulting conflict ended up in Superior Court as a civil harassment case. The court recommended mediation and all parties agreed.
From the beginning, the Petitioner was clear that she never wanted to go through the legal system. Before the rage-filled outburst by the Respondent, the two parties had developed a mutually beneficial, cordial and trusting relationship. The property damage and threats of violence were completely out of character for the Respondent. His actions deeply frightened the Petitioner and dissolved the trusting relationship which they had been building.
The police advised her to petition for a restraining order. What mediation revealed was that what she really needed was a genuine apology and some kind of assurance that such outbursts would not be repeated.
The court mediation focused on addressing the Respondent’s rage, but also brought to the table longstanding family issues of importance to other mediation participants. The Respondent was apologetic, and the mediation worked to validate the authenticity and integrity of the apology. Underlying interests surfaced, and the apology was effective in breaking through the tension and conflict. The mediated settlement was succinct: the Petitioner agreed to dismiss the restraining order. The parties began to experience the benefit of talking about their underlying issues now that a safer space had been created and the first agreement had been reached. All parties agreed to a date, time, and place to continue their mediated dialogue with the intention of reaching more agreements.
The court requested mediation now became a community mediation. At the second meeting, mediators reestablished a context of safety, inspiring open and direct communication. There was an early attempt to spin old positions and invalidate the effectiveness of the new mediation. Mediators diverted this effort by encouraging parties to consider their common interests. This proved helpful, resulting in very important and unanticipated disclosures by one of the key disputants. “I’m coming clean now…,” was the declaration of a key player.
Two and a half hours later, multiple agreements were developed and confirmed. The parties exited with a notable tone of relief, confidence and redirection… and SEEDS brochures in hand, should further conflicts arise.
