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  • Divorce Mediation - MWI
    the outcome by making their own decisions MWI divorce mediators help clients have productive conversations and make decisions on each topic related to divorce in Massachusetts Divorce mediation makes communication and cooperation much smoother both during and after the divorce Contact us at 617 895 4028 with questions or to schedule a free consultation MWI DIVORCE MEDIATORS ARBITRATORS click on a name or picture for more information Scott Marks MaryAnne Johnson Josh Hoch Nnena Odim Alan Jacobs For additional Massachusetts divorce mediators click here For divorce mediators outside of MA click here Contact Josh Hoch at This email address is being protected from spambots You need JavaScript enabled to view it or 617 895 4028 with questions or to schedule a free consultation Questions Call 617 895 4028 and speak with Josh Hoch a divorce mediator and MWI s Director of Mediation Arbitration Services Contact Us at 617 895 4028 to find out availability of an MWI mediator What a Past Client Said We feel very lucky to have been referred to MWI It left my wife and I on very good terms We finished a few months ago and we are now working together much better on raising our

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/mediation-and-arbitration-services/divorce-mediation.html (2016-02-12)
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  • Massachusetts Land Court | Boston Land Court Mediation & Arbitration - MWI
    and stakeholders Additionally MWI offers a free Screening Conference where people come to MWI to learn more about participating in mediation or arbitration TYPES OF DISPUTES MWI provides experienced and effective mediators and arbitrators with expertise in Breach of Contract Adverse Possession Disruption Impact Equitable Adjustment Boundaries Constructive Acceleration Delay Condo Associations Environmental Disputes Easements Title Zoning Variances Jointly Owned Property Design and Construction Petition for Partitions LAND COURT FORMS AND RESOURCES The Land Court Department website Land Court Forms Public Access to Land Court Case Information Land Court Rules Guidelines and Standards Land Court Contact Information Land Court Fees Land Court FAQ s To learn more about fees for mediation contact This email address is being protected from spambots You need JavaScript enabled to view it at 617 895 4028 SAMPLE ENGAGEMENTS A sub contractor for a housing development project was hired to clear and grade each phase of the development build roads and sidewalks and install water sewer and utility lines Much of the work did not pass inspection The contractor terminated the contract for cause The subcontractor sued for money owed For the mediation the parties requested a mediator who was familiar with building projects and could read a blueprint Before the mediation the mediator conducted a site visit with counsel for both parties The parties reached a monetary agreement and decided to end any future business relationship Two parties were in litigation over a boundary dispute One party alleged a boundary line violation claiming misinterpretation and an erroneous survey The buyer had already sub divided the lots and built homes on them each of which were required to meet a minimum zoning requirement for the land they were claiming Years of litigation and expenses had taken place trying to determine if the survey was correct or

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/mediation-and-arbitration-services/real-estate-and-construction-mediation-arbitration.html (2016-02-12)
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  • workplace conflict resolution | employment mediation | workplace mediation - MWI
    to deliver services that meet our client s needs match their organizational culture and exceed their expectations Over 90 of workplace and employment mediations result in a resolution leading to strengthened working relationships improved morale and increased productivity TYPES OF DISPUTES Discrimination Interpersonal Communication Issues Supervisor Employee Disputes Between Co Workers Management Disputes Terminations Intra Departmental Disputes Sexual Harassment Work Team Conflicts THE MEDIATION PROCESS After an initial screening with the referring agent from the company and intake with both parties the mediation will begin with the parties and the mediator in one room The mediator will open with a description of the process respective roles and confidentiality obligations Once the mediator has explained the process each party will be invited to make a brief statement about the issue s in dispute including a summary of what each party is seeking to accomplish in mediation The mediator s role is to manage the process moderate discussion set an agenda and insure that each party has an opportunity to express their view in a safe and comfortable environment The mediator will ask each party questions to probe for interests and goals in an attempt to focus and define the issues and the challenges each party is facing individually and collectively The mediator and the parties will stay together as long as the talks are productive In addition to the initial joint session the mediator will meet with each party separately after the opening session Private sessions provide an opportunity for each party to share additional information with the mediator including information that a party would rather not disclose during the opening session These private sessions are confidential unless a party gives the mediator permission to share the information with the other side In addition to listening to each party in private these sessions will provide the mediator with an opportunity to explore possible options for resolution The final stage of the mediation process will involve everyone working together in one room to overcome impasses and construct creative solutions Ultimately it is the parties who will decide the terms of any final agreement Recognizing that verbal agreements can often lead to uncertainty about who will do what following the session most mediations will end with an agreement in writing once a resolution has been reached SAMPLE ENGAGEMENT An employee filed a discrimination complaint against his employer for failing to provide a reasonable accommodation for a physical disability The claim was based on the fact that there were no chairs in a waiting area large enough to support the employee when he visited to log his activities after being on the road Previous attempts to find a solution failed given that the employee did not want a solution that drew attention to himself such as providing him with his own office when most other employees who were there eight hours a day did not have their own offices To compound the matter both the manager and employee had a history of not communicating

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/mediation-and-arbitration-services/workplace-conflict-resolution-workplace-and-employment-mediation-services.html (2016-02-12)
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  • ADR Services | Meeting Facilitation | Ombuds | Dispute Resolution System Design - MWI
    other disputes efficiently and economically By resolving disputes that would otherwise consume limited resources and often result in costly legal claims MWI s neutrals provide a valuable resource for resolving disputes early and often while increasing productivity and morale click here for more information Dispute Resolution System Design The goal of an employment dispute resolution system is to provide employees with tools and choices to resolve their disputes early and often These tools and choices include preparing employees to resolve their own disputes internally with training and by providing employees with external options such as mediation by MWI s panel of experienced mediators Internal options include coordinating existing support options such as HR and EAP and internal mediation services provided by employees and managers trained by MWI Existing support programs such as Human Resources are aligned and coordinated by MWI in a systematic manner to work seamlessly with resolving employment disputes click here for more information Meeting Facilitation Services MWI facilitators provide professional and neutral facilitation services to corporations academic institutions other organizations to effectively run meetings retreats and conferences that are expected to be contentious or complex The use of a facilitator promotes well organized results oriented meetings and ensures that parties are engaged and feel heard in the process click here for more information Ombuds Services An ombuds provides employees with a unique and confidential channel for voicing complaints and resolving conflict Confidentiality provides employees with a safe avenue to communicate their concerns without fear of retaliation or adversely impacting their careers at the company Notwithstanding confidentiality the ombuds will provide general information to management about patterns of concerns and or serious issues of safety or abuse This information is useful to companies that are committed to creating a supportive and healthy work environment so that concerns can

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/adr-services-meeting-facilitation-ombuds.html (2016-02-12)
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  • EAP mediation | ADR services | Workplace Mediation - MWI
    with others that cause stress instability and uncertainty Mediation provides employees with an opportunity to put closure on difficult situations with family members co workers and supervisors so that they can move forward knowing that the issue is resolved MWI also provides arbitration for cases that require a binding process and a rendered award Arbitration awards are generally considered final and not subject to appeal which provides companies and employees finality and certainty about the outcome The arbitrator renders a reasoned award based on the arguments and evidence presented by each party The parties not only choose the arbitrator but they also have input regarding the arbitration rules that will be applied Types of disputes to be mediated and arbitrated include Family divorce custody couples child support visitation child support modifications post divorce issues never married parents parent and elder care sibling matters and other family conflicts Workplace Employment any combination of disputes between employees and management discrimination claims communication issues Higher Education student student student faculty faculty faculty tenure inter and intra departmental pre disciplinary matters concerning conduct and academic honesty Other foreclosure bankruptcy credit card debt trusts wills estates landlord tenant real estate and other disputes from clients MWI also offers the following services to EAPs and their client companies Negotiation and Communication Training MWI has trained thousands of professionals and staff members to build their capacity to transform adversarial approaches to negotiation into problem solving collaborations producing better outcomes for all parties while enhancing long term working relationships Training programs may be customized to meet the specific needs and interests of the client organization Ombuds Services provides staff with a unique and confidential channel for voicing complaints and resolving conflict This includes opportunities to seek advice on handling difficult situations insights about company policy and services designed

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/adr-services-meeting-facilitation-ombuds/eap-mediation-adr-services-workplace-mediation.html (2016-02-12)
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  • Conflict management System | Dispute Resolution System | ADR Services - MWI
    an employee range between 75 and 150 of annual salary How an Employment Dispute Resolution Program Works In summary the goal of an employment dispute resolution system is to provide employees with tools and choices to resolve their disputes early and often These tools and choices include preparing employees to resolve their own disputes internally through training and providing employees with external options such as mediation by MWI s panel of experienced mediators Internal options include dispute resolution training for employees the coordination of existing support options such as HR and EAP and lastly internal mediation services provided by employees and managers trained by MWI Employees trained in effective dispute resolution skills prepare employees to work out their differences early and often Existing support programs such as Human Resources and EAP are aligned and coordinated by MWI to work seamlessly with resolving employment disputes Internal mediation involves trained internal employees assisting the other employees to resolve their own disputes External elements include Office of Ombuds External Mediation and Arbitration provided by MWI The Office of Ombuds provides a confidential forum for employees to discuss options for particular dilemmas More information about MWI s Organizational Ombuds Services is available by clicking here External mediation is a process in which an external professional neutral from MWI helps the employees work out mutually beneficial resolutions to difficult disputes with other employees and managers Arbitration involves an external professional neutral who makes a binding decision for the parties to a dispute Benefits to Employees and Management Benefits to Employees Employees benefit by having a confidential company sanctioned avenue to express concerns explore options and resolve conflicts MWI s adherence to strict confidentiality reduces an employee s fear of retaliation when the services are used MWI s services are both informal and timely which exist

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/adr-services-meeting-facilitation-ombuds/conflict-management-system-dispute-resolution-system-adr-services.html (2016-02-12)
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  • Meeting Facilitation | Running Effective Meetings - MWI
    foresee A check in with the leaders will be held to summarize the recommended process going forward based on input from them and the groups sub groups and individuals Through discussion with the leaders and follow up a final process for the meeting will be adopted including who to attend what procedures to utilize a final agenda and specifics such as whether to utilize a flip chart or projected computer and what to have at the meeting including name tags handouts food etc At the meeting the objective of the facilitator is to work with the participants to accomplish the previously determined goals stay on time and on agenda while making sure that all participants have the opportunity to be heard The facilitator will explain why the meeting is being held to the participants He or she will continue to move the agenda forward and revise it if appropriate while listening for decisions so that they can be presented for approval He or she may use a combination of large and small groups to maximize participation The facilitator will conduct a formal closing to the meeting including a summary of progress and clarification of next steps and review If appropriate he or she will also examine improvements to the process with the participants After the meeting the deliverables previously agreed upon are provided which may include the flip charts or computer input complete summary report of the meeting list of action items list of attendees etc A final follow up will be conducted to make sure that expectations have been met and to discuss if any further services are required TYPES OF ENGAGEMENTS Brainstorming Mission Vision Values Board Executive Staff Retreats Public Meetings Community Awareness Strategic Planning Conflict Resolution Team Assimilation and or Building SAMPLE ENGAGEMENTS A work team of approximately 15 people wanted to increase their efficiency while improving their communication and working relationships Due to turnover and group mergers the working relationships had become strained and the productivity of the group had been affected The team leader had approached MWI to facilitate the session The facilitator requested that an online survey be filled out by each participant to see what the entire group wanted to accomplish The original goals were reinforced and additional goals were added During the meeting all team members participated and shared what was important to them and options for action After a four hour meeting the group came up with a list of 12 specific action items to fulfill the identified objectives A relatively new franchise operation wanted to improve the consistency of its brand and improve the communication between the franchisor and the franchisees The facilitator worked with the Franchisor to identify the goals of the meeting and requested that an online survey be filled out by each participant to see what the entire group wanted to accomplish There were significant differences between the goals of the Franchisor and the Franchisees The facilitator worked with all parties to create an agenda that was

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/adr-services-meeting-facilitation-ombuds/meeting-facilitation-running-effective-meetings.html (2016-02-12)
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  • Ombuds | Ombudsman Service | ADR Services - MWI
    the ombudsperson will help employees develop appropriate options and actions Decision Making Strategic Thinking Skills The ombudsperson provides options for handling and resolving employee concerns or conflicts while keeping in mind how all decisions might impact stakeholders and the company The ombudsperson assists employees in deciding when and how to involve others in the process Conflict Resolution Skills An essential role of the ombudsperson is to resolve conflict between parties The ombudsperson has a thorough understanding of the nature of conflict its causes and ways in which it can be resolved The skills used to assist employees include helping people learn how to deal with the conflict directly serving as an intermediary between parties providing shuttle diplomacy bringing the parties together informally or through the mediation process providing generic approaches to particular situations especially when employees are afraid of retaliation and influencing systemic change The ombudsperson will communicate the pros and cons of all options thus giving employees an ability to determine which conflict resolution method would be most appropriate for the specific situation Ultimately the decision is up to the employee not the ombudsperson Organizational Knowledge and Networking Skills The ombudsperson will take extra steps to become knowledgeable about the company including its structure culture policies practices and resources The ombudsperson will utilize networking skills to understand the company s organizational structure and will work to establish and maintain appropriate resources throughout the company Sensitivity to Diversity Issues The ombudsperson will be sensitive to dealing with individuals from a wide variety of backgrounds and cultures The ombudsperson will be open and objective and will seek to understand issues from different perspectives The ombudsperson will be innovative in developing options and actions that are responsive to differing needs Composure and Presentation Skills The ombudsperson will maintain a professional demeanor have strong presentation skills and will organize and communicate information to a variety of groups and individuals Integrity and Other Personal Characteristics Each MWI ombudsperson has an established reputation for integrity and for dealing fairly comfortably and responsibly with all employees and constituents Each ombudsperson maintains his or her effectiveness by being ethical honest neutral impartial independent accessible and a role model for organizational values RESPONSIBILITIES OF AN OMBUDSPERSON Dispute Resolution Consultation and Referral Provide impartial and confidential consultation to employees Remain independent and neutral while exercising good judgment Assist employees in interpreting the company s policies and procedures Provide assistance to employees by clarifying issues and generating options for resolution Facilitate employees assessments of the pros and cons of possible options If direct action by the ombudsperson may be an appropriate option obtain employee s agreement and permission to take action before proceeding If necessary and while maintaining confidentiality conduct appropriate informal fact finding in order to better understand an issue from all perspectives Consult with managers to develop cooperative strategies for complaint resolution Subsequent to an employee s request or permission consult with all parties to clarify and analyze problems focus discussions and develop a mutually satisfactory process for

    Original URL path: http://www.mwi.org/about-mwi-adr-services/what-we-do-mediation-services-and-negotiation-training/adr-services-meeting-facilitation-ombuds/ombuds-service-adr-services.html (2016-02-12)
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