What Are Shuttle Mediation Services?
Shuttle mediation; we shall explore what it is. Answering the main questions our mediation company gets asked when an enquirer is looking for mediations.
- What is shuttle mediation?
- How do we opt for this?
- Can we shuttle all the way through our mediation? If not, why not?
- Is it different to “traditional mediation?”
- Is there a cost difference, it is cheaper?
A typical mediation (not a workplace mediation or a MIAMS), 99% of the time will start with a joint opening meeting, a series of private and joint meetings then ensue, over the course of half a day, or a full day until an agreement has been achieved.
Shuttle mediation is simply seeing each party separately and consecutively. Whereby the mediator just flits between both of the parties. Shuttling is also known as private meetings, caucus, caucusing and separate sessions. It is as simple as that.
Does it work? Yes, it does, it is exactly the same as a “traditional mediation” it will conform to the usual rules of being voluntary, confidential and without prejudice. The only difference is, there is not a joint meeting at any point. And it is just as successful in leading parties to a solution. In certain types of disputes and particular personalities.
What Are The Advantages Of Shuttle Mediation?
When you have really emotional disputes. Parties who literally cannot be in the same room as each other, then shuttle mediation is very beneficial. As you will see each party separately, without them having to face the other and aggravating, upsetting and frustrating each other.
Shuttle mediation is ideal for disputes where the parties do not need to have any further future contact. For example;
- A TOLATA dispute.
- A probate dispute, where the beneficiaries, (usually siblings, stepparents, children, other family members, friends) who have made it clear they never want to speak to one another again.
- An employment dispute (not workplace dispute) where a clean break is needed.
- A contract, or commercial dispute where neither party needs the other for an ongoing future relationship. Nor want to preserve the pre-existing one.
The Disadvantages Of Shuttle Mediation
Shuttle mediation cannot be used for every type of dispute. It cannot be used for disputes where the parties need to have an ongoing relationship with one another. For example, mediation in the workplace.
If the employees are unwilling, unable to face each other for a days’ worth of mediation, how will they, the day after the mediation go back to their workstations and work alongside each other again? Although the workplace mediator will have a private confidential meeting with each employee at the beginning of their mediation at work, the remainder of the mediation will consist of a series of joint and private meetings.
Where one party wants, needs closure, to have their say and or shake off any fear. The emotion, the relayed messages through shuttle mediation can be lost in translation and or are not that powerful when just conveyed through the mediator. And the party is actually possibly short changing themselves. They paid for the mediation equally so they should get the best out of the process.
Can You Opt For Shuttle Mediating?
Yes, you can, however whenever a disputant asks me this at the initial enquiry stage, I ask them why they do not want any joint meetings? I will explain it is always more preferable to have a “traditional mediation”. Why? Because it is easier and quicker for both the mediator (who has a hard enough job to do), and the parties.
The mediator will have to deliver their opening statement twice. There will be unnecessary delays, which could have been avoided if the parties were willing to speak to each other direct.
Therefore, I always encourage parties to at least have one-two joint meetings, if they refuse and are adamant they do not want to, I will not, cannot compel them to. However, I will highlight the disadvantages of this approach. So, although they can shuttle all the way through it is not recommended.
If it is a dispute which needs joint meetings as prementioned then I will make this clear from the start, and explain why. If the parties refuse this approach, then I will decline to mediate for them. Is it different to “traditional mediation?” Yes, slightly, but for all the reasons prementioned, otherwise it is just like any other mediations.
Is There A Cost Difference, It Is Cheaper?
Yes and no! Yes, because the mediation costs for a shuttle mediation are billed for the same price as a “traditional mediation”. No, because the delays which may not have occurred if it was not a shuttle, will likely take the parties into overtime. And if your mediator was not on a fixed fee, you will have to pay extra for any extra time spent.
Conclusion
I will make it clear to parties that I prefer to operate under the “traditional mediation” model. I will also explain why. If it is a dispute which cannot use shuttle mediation, I will decline to take the appointment. If it is a dispute that does need shuttle mediation, I will agree and conduct it that way. Even during a shuttle mediation if the parties have started to thaw towards one another, and I genuinely believe it would be useful to do; I will encourage but not compel the parties to meet directly and talk.
One of the UK’s most experienced commercial and workplace mediators and mediation trainers. Mediating since 2002 across all sectors with over 2000 mediation’s conducted.
Here to help you resolve your dispute quickly, cost effectively and without stress. As well as to answer all your questions about mediation.
Has mediated every single type of civil, commercial, employment, family, boundary, neighbour and workplace dispute. It is easier to say what he has not mediated, rather than what he has.
A Fellow of the Civil Mediation Council. A Law graduate, a CEDR, Academy of Experts & ADR Group Accredited Commercial Mediator. A Qualified Dispute Resolver, a UK Mediation Accredited Workplace & Community Mediator. A Qualified Manager through the Chartered Management Institute – Level 5.
An associate Teacher and qualified Trainer, holding the Certificate in Teaching in the Lifelong Learning Sector – Level 4. Since 2007 he has been on the global mediation training faculty of the Chartered Institute of Arbitrators. Who he has delivered mediation training for, in the UK and overseas, on numerous occasions. Between 2018 and 2020, he was the Head of Mediation Training for the ADR Group. The oldest (1989) mediation training provider in the UK.
