Philip Crump Mediator & Facilitator 1301 Luisa Street, Suite B • Santa Fe, New Mexico 87505   [Map] (505) 989-8558 • Email: philip at pcmediate dot com Since 1992, serving Santa Fe, Taos, Las Vegas, Albuquerque, Ratón, Silver City, Farmington...all of New Mexico!
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Cooperative and Constructive Resolution Are you involved in a difficult situation that continues--despite your best efforts--and drains your spirit, resources, energy?   Do you want it resolved quickly, with dignity? You can reach a complete, cooperative and constructive resolution through mediation. PLEASE CONTACT ME FOR A FREE 30 MINUTE CONSULTATION WHAT IS MEDIATION? Mediation is a confidential, voluntary and informal dispute resolution process in which people make their own agreements with the assistance of a third person.  Mediation is a way for people to make their own creative and fair decisions together regarding their disputed issues.  People who want cost-effective and low-impact forms of decision-making can use the assistance of a neutral mediator--who doesn’t take sides or have a stake in the outcome of those decisions. (If you want to make your own important and mutually acceptable decisions that are good for all of you, AND you are willing to do what it takes, then read on.... If, however, you want a stranger making important decisions that impact your life, or if you prefer the battlefield to the peace table, then this may not be the way for you....) When people really understand what each other's issues or needs are, they usually are more able to respond positively to those needs.  Mediators help each person express perspectives and needs in ways that others may hear and understand. I can help people distinguish their positions (what they want) from their needs and interests (why they want them); disputing parties often disagree about the positions each one takes, but they can usually understand the needs and interests. I am strongly committed to creating safe spaces in which people problem-solve together to make effective mutual decisions. Facilitation is similar; because it usually involves groups, though it may not be confidential in the same way.   I provide mediation, facilitation and training for a broad range of issues—divorce (custody, timeshare, child support, division of property), work relationships, disability, special education, construction and other areas where creative problem-solving has been difficult. “They should use this process as a first—not last—resort.” MEDIATION IS NOT: …Arbitration, where a neutral person hears from both sides and makes a decision (acting like a judge). …Settlement Facilitation (also called “mediation”), where a facilitator negotiates settlement by shuttling between clients and attorneys. …Litigation, where a formal judge hears from attorneys and decides outcomes. …Psychotherapy; although feelings may be expressed, mediation is about decision-making, not healing Although mediation often takes place around issues that may have legal implications, the best decisions are generally made by the participants. Courts have recognized this and often urge people to mediate rather than rely on the capriciousness of an overworked judge dealing with a crowded court docket. PLEASE NOTE: I am one of a small number of PROFESSIONAL Mediators in Santa Fe. I am not an attorney or a counselor or psychologist or accountant. I have trained (over 300 professional hours) and worked for almost 20 years to gain skills and experience that will help me assist others make their best decisions—their own decision—together. After hundreds of successful mediations, I am convinced more than ever that I do not know what’s best for you—but also that I can help you express your own perspectives and needs so that others can hear and respond. A NOTE REGARDING ATTORNEYS: An attorney serves different roles at different times—zealous advocate in the courtroom, wise counsel in the privacy of the office, guide and coach in mediation, skilled crafter of documents, interpreter of legal issues.  Mediators who frame attorneys as the enemy are, in my opinion, misguided.  It is discouraging is when an attorney takes on the zealous advocate role at a time when resolution is possible--as a mediator, I am trained to see many sides of an issue, while an attorney may choose to see only the client’s perspective.  I appreciate working with skilled attorneys in helping their clients reach reasonable resolution of their issues. MEDIATION…OR THERAPY?: A major advantage to mediation is that it allows participants to share their personal feelings, experiences, expectations, and hopes—privately and in constructive ways. This is not therapy—although individual psychological features shape human action, mediation focuses on behavior and its immediate motivations and impacts.  The ultimate goal of most therapy is mental and emotional health and happiness. The ultimate goal of most mediation and facilitation is mutual decision-making that results in effective interaction. “Philip, ...There really aren’t words in any vocabulary I can think of to express how deeply grateful I am to you and your dedication to this process of mediation. You are truly an artist in the realm of collaboration.”                    -Unsolicited client note WHAT IS MY APPROACH? For me, mediation focuses on how people want things to be in the future (what they can influence) rather than on the past (what they can't change). It is about creating a positive future rather than remaining stuck in pain, blame and retribution. Recognizing that actions in the past may have impact, however, the mediator can help people say what they need in order to move beyond past events. I do not practice “muscle” mediation; I do not tell parties what they should do or force them to accept a particular decision or outcome. Clarifying questions help reduce the misunderstanding so often a part of conflicts. I can help brainstorm possible approaches to resolution. Cooperative problem solving replaces personal assumptions. I do have a responsibility to help people “reality test” proposals for resolution they may bring forward, including the consequences for not accepting a less-than-perfect outcome. Back to Top of the Page ................ “Mr. Crump demonstrates great skill in fostering and atmosphere of trust in which differences in viewpoint may safely be expressed....He has also demonstrated an ability—through empathic listening—to help angry adults express their feeling safely, to clarify issues and re-establish working relationships.” HOW DOES IT WORK? One of the disputing parties contacts the mediator. Either that person or the mediator invites the other person to mediate the dispute. Mediation occurs only when everyone agrees to it, even though someone may be skeptical at first. I provide time for a brief Free Consultation before the session actually begins, giving participants a chance to ask about my approach and for everyone to decide whether mediation seems the most suitable avenue for resolution of their situation. (As a professional committed to providing potential clients with the highest level of service, if it seems there will not be a good “fit” among us, I will help them find other appropriate mediation services.) The mediation begins with signing the Agreement to Mediate. It sets out the conditions and characteristics of mediation, some basic ground rules for discussion, and the mediator's fee. In the session, each person has opportunity to speak and to be heard, until the issues and perspectives are clear. The mediator facilitates the discussion and negotiation until the parties reach agreement. My critical question for you is—"What do you want to achieve in the mediation process?"         When you identify your (mutual, positive, future-focused) goals, I’ll do my best to help you reach them. The typical outcome of mediation is a Memorandum of Agreement, which describes in writing the terms of settlement reached through mediation. For informal disputes, this is usually sufficient. For some legal matters, this document goes to the attorneys for review, revision and inclusion with the case documents. WHY MEDIATION WORKS: You remain in control—in a confidential, informal and flexible process that moves at your pace You get more of what you need—resolution on your terms of the important issues, big and small Mediation is more affordable—and often faster than other ways of settling disputes or making decisions Mediation is positive—“win-win” means focusing on getting everyone’s needs met, with mutual respect Mediation inspires creativity—you become free to explore more options, collaboratively, and with safety Mediation encourages hope—end “blame games”--open the door to many previously unseen possibilities Mediation is goal-oriented—towards your own fair, complete and durable resolution of the issues WHAT DOES IT COST? In general, because there are no extensive fees for preparation, documentation, discovery, filing of motions or other activities associated with legal actions, the cost of a mediated resolution is often much less than settlement via litigation. In addition, the emotional cost tends to be much lower, since mediation provides a safe means of addressing relationship concerns as well as facilitating settlement of the specific issues. The costs and conditions are outlined in the Agreement to Mediate signed by everyone present at the session. Sessions usually run an hour and a half to two hours, although I am happy to schedule daylong, evening and weekend sessions as needed. Mediation and Facilitation can provide broader satisfaction including: • Substantive satisfaction (getting results), • Procedural satisfaction (in a way that works for you) and • Psychological satisfaction (feeling good or complete about the outcome). All three are important for people who really want to move ahead, in a way that only settling the substantive issues cannot provide. Back to Top of the Page ................ “A large part of the experience was the great planning and orchestration that Philip Crump provided.   The family felt very empowered, supported, and informed. He is a gem.” WHAT IS FACILITATION? Facilitation is a related approach that addresses larger group concerns. Often, it means helping members of a group define their goals and agree on how to reach them. Sometimes, facilitation in conjunction with mediation brings out particular issues facing members of the group and then presents the issues for discussion in a safe and constructive atmosphere. Likewise, this process can be used to help groups plan their future by bringing out everyone’s hopes, dreams (and fears) in a productive setting. I am experienced with both public and private facilitation—land-use and planning decisions, as well as strategic planning for boards and businesses and partnering on construction projects. I am proud to be a part of the New Mexico First facilitation team. The City of Albuquerque Land Use Facilitation Program provides a safe place for neighbors and applicants for planning changes to come together and hash out their concerns prior to formal hearing. I have been an active member of that land-use program since 1998. Appreciative Inquiry is a special approach to organization development—how people work together effectively—that focuses on “what works” rather than what does not. Remember “Seek and ye shall find?” Well, if you look for problems, sure enough you will find them. Instead, looking for positive activities, strategies, approaches and attitudes helps individuals and groups learn how to strengthen what they may already know. For group workplace disputes, a process referred to as “intervention” uses both mediation and facilitation techniques to help people talk safely and openly about the issues of concern and create new group understanding and agreements about how to make the work situation better for everyone. Many of the organizations listed in my professional resume have asked me to help them become more effective using this approach.  See a lot more about this process and others at Planning & Facilitation Please contact me for a Free Consultation! Philip Crump, Mediator & Facilitator Phone: (505) 989-8558     1301 Luisa Street, Suite B       [Map] Santa Fe, New Mexico 87505    Email: philip at pcmediate dot com Back to Top of the Page ................Last update: February 27, 2020

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