Community Mediation

MVMP to Waive Mediation and Conflict Coaching Fees through June 2020

Nancy Grundman, Program Coordinator

As we all continue to comply with guidance to stay home until the public health crisis has improved, we would like to let you know what is happening with MVMP. We are continuing to provide our Conflict Coaching and Mediation services by conference call or by video conferencing. 

We have also been able to continue with many of our courses, trainings and workshops. We recently finished our Conflict Coaching class and are finishing up our Conflict Resolvers Course geared towards those individuals involved in public service. Both have continued through video conferencing. We will be rescheduling our Intro to Mediation class to the Fall. If you are interested in signing up please email us. 

Our Youth Mediators continue to meet through video conferencing to continue their training. Technology has given us the ability to continue operating even though everyone is in different places.

We, at MVMP, understand how stressful life is presently, 

  • some are learning new ways of working remotely and a new way to deal with colleagues, 

  • some are dealing with new financial realities,

  • some are dealing with family issues, and

  • some have previously unresolved small claims cases.

In solidarity with the Island Community and in order to do our part, MVMP will waive its fees for Conflict Coaching and Mediation Services until the end of June. We are committed to continue to help Islanders. As our tag line says, We Can Work it Out!

If you would like to make a donation to MVMP please go to MVmediation.org and go to Donate.  

Still Working from Home

Sara Barnes, Lead Mediator

We are home and doing our best to get through this time intact. Are you managing under the present circumstances?

In March the Mediation program was chugging along in one of our busiest months. Four courses up and running. About a dozen mediation cases moving forward. Some of us were planning to go off island for our statewide spring conference. We left one or another activity one day saying "see you next week!" And then. We didn't.

The new reality--its an overused phrase already. Who would have predicted that we would all know it means that we are staying far away from each other, learning new technology, checking the mirror to see our masked face. The news is grim and scary. We know people who are sick.

In difficult times, new ideas bubble to the surface. Otherwise, we would never have started writing a daily message about conflict resolution. Have you seen Working From Home the daily conflict resolution message? If not send us an email and we will add you on to the list.

Today two mediators held a perfectly normal mediation over a video conference platform. They were in different places, and managed to use their mediation tools and to help the disputants to come to an interim agreement.

The State conference happened on Monday. Online it took half the time and no one had to drive to see each other. Staring at ourselves in the video conference box, we found out what each other looks like in their living room, in their comfy chair, who has dogs and some interesting decor.

We are not under the mistaken impression that this situation is a good one. We know there is conflict out there, and we wish we could reach out to help more. And the inequities of the present moment seem particularly atrocious. We are thinking about each other and sending good thoughts to buoy spirits as best we can.

We were always in this together, though we might not have thought about it that way until now. Today, all of us at Martha's Vineyard Mediation are doing what we can to be a helpful part of our Island community. Let us know if there is something we can do to help you.

Court or Mediation? How to decide?

Sara Barnes

Lead mediator

Some in the court room who are waiting for District Civil or Small Claims cases are thinking, I've got a good case, I'm going to win. When we offer them mediation, there are some who take us up on our offer. The mediators say to both, "Its a voluntary process. Everything you say is confidential and the mediators are neutral. Its up to you and the other party to come to a self-determined agreement. The mediators will help you write it up and the court can enter it as a judgement if that is what you wish."

Mediation is an empowering process--those involved use their own ideas about fairness and negotiate with each other. The mediator guides them through the interplay. Those involved in the conflict decide how to settle the matter. Usually the parties are able to come to a mutually agreeable settlement. We work with the goal of a win-win outcome.

In more cases than we would like to see, though, the parties reject mediation. They say something like, I know I am going to win. I have a good case. Its airtight, so I"ll just let the magistrate or judge decide because I know they will decide for me. And I will win. A win-lose concept.

Yet when we check back later, we see that many of these cases were decided in exactly the opposite way-- and that by rejecting mediation the party gave up their chance at a more favorable outcome. Why is that?

When two people of relatively good intentions try to figure out what's fair--its based on their own ideas. Sharing those ideas can be illuminating. Sometimes the previous poor communication and misunderstandings can be worked out quickly just by creating a mediation space to really listen to each other. The parties themselves, the experts in the situation, can come a mutually satisfactory outcome together. It takes time and willingness to listen and negotiate. But it works.

When cases come to our office, in advance of court days; or if we provide mediation in the court setting, parties do not lose their rights to be heard in court. If no agreement can be crafted in mediation, then parties can still go to court and present their case.

What does the court do? They judge or magistrate applies the law to the case as it is presented. Those in court may have little understanding of how the law has to be applied and may not know that what may seem to them to be obviously unfair, is found in the favor of the other party. If parties in a dispute want to leave the outcome in the hands of the court, and if they are willing to possibly lose everything, then starting out in district civil court or small claims make sense.

We at MVMP, along with the judge and clerk-magistrate, always suggest using mediation services first. We believe in the power and benefit of self determination and have found that mediated agreements can have other positive and uplifting effects for those who participate. In the end, those in mediation usually find that it is an empowering process. Maybe frustrating and emotionally draining, but an overall strong and meaningful experience. For many, going to court can seem dis-empowering.

Our hope, of course, is for these cases to come to the Mediation program long before they end up in court. Call our office if you can't work it out yourself. "I tried to mediate it myself" was said by a defendant in court last month. This statement shows a misunderstanding. Mediation involves a neutral and qualified third party. As Judge Barnes, our new District Court Judge says, "If you tried to mediate yourself, you did the opposite of mediation. You can't do it yourself, you need to use the mediators. They are the best in Dukes County and they know how to help."

Our Year in Review

Our Year in Review

Christina Simmons, Board Member

With the year wrapping up and looking ahead to the future this is a chance to take a step back and reflect on all that we have accomplished. 2019 was a big year for MV Mediation Program. Part of our mission is to use education to encourage constructive dispute resolution. We are proud to have promoted our mission through education and in 2019 expanded our educational programs. 

Our educational programs and trainings grow both in the number of trainings and also in the variety of trainings offered. We were able to offer seven programs and courses with most trainings taking place over the course of many weeks. We were also happy to co-sponsor many of these programs with other local organizations such as the Chamber of Commerce, the YMCA and local libraries. Here is a sampling of what we offered:

·     Mediators Saturdays—Ongoing get togethers for mediators and apprentices to share best practices and build professional mediation skills.

·     Conflict Coaching Training—A 15 hour qualification for new Conflict Coaches with an additional apprenticeship process.

·     Introduction to Mediation Course—Offered in both the spring and fall each session was a 40 hour training and apprenticeship for MA qualified mediators.

·     Spring and Fall Workplace Conflict Workshops—Seven two-hour workshops to support employees, managers and others in creating a healthy workplace with positive approaches to conflict resolution.

 ·     Fall Conflict Management Cohort Course—20 hour course for Supervisors and Managers to develop proactive approaches to conflicts in the workplace.

 ·     Landlord Tenant Workshop—A two hour workshop for landlords and tenants to resolve conflicts and avoid problems with tenancies.

We are working to develop programming for 2020 that meets the needs of our community. There are already an exciting array of offerings. Look above and register on our website or by calling our office.

Do you have an idea of what kind of educational topics we should be developing? Drop us a line and let us know what you would like to learn more about the in the areas of conflict resolution and alternative dispute resolution.