1. What is CounsMed?
CounsMed is a form of Alternative Dispute and Conflict Resolution system.
CounsMed Methodology is a hybrid method of Counselling and Mediation. The approach of this study sits on the Creation, Temperament, Interdependence, Conflict and Kurt Lewin field theories. The methodology adopts the Creation Theory’s belief in the Biblical account of the creation as described in book of Genesis; that various life forms, including humans were created and has inborn proclivities. These inborn natures are needs, strengths and weaknesses, which explain our need of interdependency on one another to meet these needs. This inborn nature determines how we perceive ourselves, others around us and how we interact with our environment and that determines factors such as how well an individual handles stress, anger, pressure and conflicts in life.
2. Who provides CounsMed conciliation services?
CounsMed conciliation services is provided by Center for Peace and Reconciliation spearheaded by Dr. Emmanuel Hopeson.
3. What types of disputes can be resolved through CounsMed conciliation?
The CounsMed methodology seeks to deal with powerful emotions in conflict by:
- acknowledging that emotions exist;
- tracing their sources;
- and seeking mutually beneficial channels to diffuse those pent-up emotions.
The CounsMed methodology guarantees that mediation is smoothly carried out with a two-pronged effectiveness
- dealing with emotions and
- dealing with substantive issues.
4. How confidential is the conciliation process?
Both parties and the CounsMed professional practitioner sign a confidentiality agreement binding them to commit to not disclosing any information to any party that does not have any interest in the conflict.
5. Doesn’t CounsMed always result in a compromise and or favoritism?
CounsMed methodology guarantees that the outcome of the mediation is not a compromise, but rather smoothly carried out with a two-pronged effectiveness: dealing with emotions and dealing with substantive issues.
As the CounsMed methodology is based on the Creation theory, it seeks to be guided by “Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly” (Lev. 19:15)
6. Why should I allow strangers to get involved in my dispute?
In the law court you are not given the opportunity to choose a judge and a jury, however, with the CounsMed approach, you decide to select a counselor.
7. How are CounsMed professional practitioners selected?
CounsMed professional practitioners are qualified and certified counselors who obtained their Bachelors, Masters, and Doctorate with other professional specializations in counseling.
8. What principles will I be expected to follow during CounsMed conciliation?
CounsMed approach expects both parties to;
- Take responsibility for their actions and admit their wrongs
- Be concerned about each other’s wellbeing
- Be ready to forgive and reconcile
- Correct detrimental attitudes and behavior
- Confront others constructively
- Merciful and just
- Be truthful
- Be attentive to what others say
- Be willing to resolve any harm caused
- Overlook minor offenses
9. What is my role, as a party, in the process of mediation or arbitration?
Both parties are expected to present a duly completed intake form which includes a confidentiality agreement. With the value of honesty, both parties are to give personal account of the issue and detailed information; to share concerns. You may need courage to talk about some difficult aspect of your issue which will enhance your curiosity to understanding and working towards a resolution – start developing goals. Solution to better cope effectively with the issue while feeling better inwardly and outwardly will be derived together with the counselor.
If there are other people outside this conflict who can help the process and outcome to be very effective, the parties are allowed to provide such information.
10. What are the benefits of CounsMed conciliation?
CounsMed Methodology has the professional skills and the tools to respond to people in conflict who may use wrong behavioural reflexes that can make resolution difficult and at times impossible. It helps disputants to unlearn wrong behavioural reflexes and replace them with positive CounsMed professional practitionery behaviours that can facilitate sustainable resolution. Mediation is smoothly carried out dealing with emotions and dealing with substantive issues.
11. What if the other party refuses to consent to conciliation?
In fact, the most difficult aspect of this approach is getting both parties to agree to use the CounsMed methodology to solve a conflict. We advise that you keep praying for the person.
However, a counselor is always available to guide you on how to persuade the other party to consider the CounsMed approach.
12. How expensive is CounsMed conciliation?
CounsMed conciliation is not as expensive as litigation proceedings and processes. In some cases, where the parties are not financially stable, a discounted fee is charged.
13. How long does CounsMed Conciliation take?
Each session has an allocated duration of an hour. However, depending on the cases for counseling, which may require outlining of detailed information needed for the successful completion of the sessions; the sessions may be scheduled between one to four hours per day.
14. Can I withdraw from the CounsMed conciliation process once it begins?
This may depend on the commitment of both parties involved and the issue been resolved as they both agreed to proceed with the CounsMed conciliation process. It is therefore an agreement between both parties and may not seek for legal intervention after the CounsMed process.
15. Is CounsMed conciliation available only to Christians?
The CounsMed methodology is available to all, however, CPR may be obliged to decline and or review cases that seem not to respect the christian faith that the approach is built on.
16. After a lawsuit has been filed, can CounsMed conciliation be used?
Yes. If both parties are in agreement, the lawsuit could be postponed to allow CounsMed conciliation session to start in an attempt to resolve the situation.
17. Can CounsMed conciliation result in a legally binding agreement or decision?
Yes. This depends on the parties involved. Once both parties agree to the decision and goal developed from the CounsMed session, these would be documented in legal contracts which may serve as a judgment of a civil court.
18. What are the major differences between CounsMed and arbitration?
With CounsMed, both parties are counselled to retain control over the final outcome, and the counsellor acts only as a facilitator of the process. On the other hand, during arbitration, the parties are obliged to legally accept the arbitrator’s resolution.
CounsMed adopts the methodology of the Creation Theory’s which dwells on the belief in Biblical account of the creation; that various life forms, including humans were created and has inborn proclivities. It deals with the powerful emotional conflicts.
On the contrary, arbitration deals with fact findings, rights and responsibilities of the parties – focus is on the law.
19. How does CounsMed differ from other types of mediation?
CounsMed Methodology is a hybrid form of Counselling and Mediation which makes it different from the other types of mediation which excludes the counselling sessions. CounsMed approach dwells on the Creation, Temperament, Interdependence, Conflict and Kurt Lewin field theories.
20. What do attorneys think about CounsMed conciliation?
Currently, the attorneys who have experienced the CounsMed methodology and have seen its effectiveness in resolving conflict do refer clients to the CPR
21. Should I talk to my attorney about using CounsMed conciliation?
You should speak to your attorney before considering using the CounsMed approach (that is, if you have an attorney).
22. Should I talk with my pastor about using CounsMed conciliation?