Mediation is a process where Jewelers and consumers negotiate an acceptable agreement with the aid of a mediator.
A mediator is a neutral third party who assists in the negotiations; however, they do no make the decisions for you. Just as every situation is different, every mediator has a different approach to mediation. It is the mediator's responsibility to structure the sessions so that the consumer and retailer can successfully negotiate a dispute resolution agreement. A good mediator will encourage you to focus on the facts at the present moment.
There are different phases that the mediation process goes through. Initially, the consumer or retailer will contact the mediator and discuss the background information and the facts of their particular situation. Often during the information gathering stage the sessions are held separately. If the retailer and consumer can't agree, it is the responsibility of the mediator to help them come up with the options available to resolve the disagreements. The third phase of the process is determining the issues that need to be resolved. During this fact gathering time an evaluation of the jewelry item in question will be completed by an independent appraiser.
Once all the issues have been put on the table the consumer and retailer will move to the next phase- negotiation. Now the mediator helps the couple explore the options that are available for settlement. During negotiations the consumer and retailer would usually come up with various scenarios of settlement options. Once the scenarios that are totally unacceptable are eliminated the consumer and retailer will be better able to see the options that are workable. Often in this phase it may become apparent the areas where possible trade-off can be made to balance out the settlement. For example, if a couple buys an engagement ring where the setting of the stone just won't allow the wife to put on gloves at work (wife works as a nurse in a hospital) the agreement may be to have the ring refashioned to allow the stone to lie flush with the band. The consumer gets the ring that is perfect for them and the retailer keeps a customer.
When all the issues have been agreed upon, a preliminary settlement is drawn up. Once the agreement is completed both parties sign it. • Mediation is a private process, not open to the public as a court case is and in Florida is CONFIDENTIAL.
In summary we find that most people are reasonable and honest. When problems develop some parties tend to get emotional and take it as a personal attack. If calm is maintained, emotion taken out of the equation and facts brought in a reasonable conclusion where both parties win can be obtainable. Our overall goal is to have a win-win situation for consumers and retailers. Where the truth is known the path is clear.
