Mediation: What We Do and Don’t (And Why)
The Diamond Certified Resource provides an alternative dispute resolution process per the terms of the Diamond Certified Performance Guarantee.
Mediation is a self-directed dispute resolution process. In matters related to contract performance, it can reduce the cost and time required to reach a mutually agreeable solution.
Most concerns can be resolved by referring to contract terms with the assistance of a neutral third party. Not all conflicts lend themselves to mediation (although most do) and not all qualify for a potential refund under the Diamond Certified Performance Guarantee. Below are three commonly asked “do’s and don’ts” related to the Diamond Certified Resource’s mediation process.
WHAT WE DO
We use shuttle diplomacy to de-escalate reactions and remove obstacles to agreement. We’ve found this to be a very effective way to get parties through a rough patch in a way that can restore goodwill and preserve each side’s autonomy.
We refer to the contract. We mediate disputes that arise from discrepancies between the performance of a service and what was agreed in advance per the contract. Where the matter relates to workmanship, we refer to industry standards.
We conduct mediation by email using shuttle diplomacy. This provides each party with sufficient time to think, reflect and weigh options before responding.
WHAT WE DON’T DO
We don’t mediate buyer’s remorse. Good contracts create a stable and safe marketplace. We guarantee that Diamond Certified companies will comply with the written agreement. If the service provider has performed the work to contract and billed in accordance to terms on the contract, the consumer is expected by contract to perform their obligation as agreed in advance. We do not offer mediation as a means to renegotiate contracts after the fact.
We don’t mediate property damage. This rarely comes up, but it’s worth explaining. There are many modalities for conflict resolution. Mediation is not a suitable framework for settling negligence, damages or liability claims if there’s a disagreement about fault. As a consumer resource, we don’t have the jurisdiction rule on such matters. If we try to fit the dispute into the mediation framework, we run the risk of violating party legal rights. Our policy is to resolve disputes in a manner that upholds each party’s rights and interests using the contract and industry standards for guidance. For this reason, we do not offer to mediate disputes about negligence and property damage.
We don’t provide legal advice, arbitration or advocacy. The mediator does not take sides or render decisions. The contract sets each side’s performance expectations. The mediator practices shuttle diplomacy to facilitate mutually acceptable final agreements between the parties on the contract.