Mediation is more than just talking about your issues. Keep reading for 5 key reasons why you should go to mediation.
The last thing anyone wants is for a dispute to get out of control and make everyone involved angry and bitter. That’s why settling it early and thoroughly is so important. It’s why you should go to mediation.
What is mediation?
According to FindLaw.com, it “is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference.”
What training does a professional mediator have?
The requirements vary from state to state. Most mediators are certified in some way by an organization or school. If you become a lawyer, mediation might be part of your legal training. according to Mediate.com, “In many states, a law degree is a prerequisite for being listed as a court approved mediator.”
There are mediation organizations–both non-profit and businesses–in most urban areas of the U.S. Local mediators work with many types of disputes, and nowadays are fairly easy to locate online.
Five Reasons Why You Should Go to Mediation
1. Mediation allows disputants to work collaboratively to solve a problem. the third-party mediator can guide and reframe the conversation, and ask pertinent questions. But responsibility for the solution belongs to those most directly affected by it.
2. Advantages of mediation include helping disputants avoid a lawsuit–along with the stress, drama and cost that tend to accompany lawsuits.
3. Mediations generally are more private and confidential than court cases. This helps keep news media at bay and uphold the reputations of disputants.
4. A mediation meeting affords reflection time for the disputants so that they can discover more about themselves and human nature generally.
5. According to Mediate.com, the rate of compliance is high. “Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.”
The long-term benefits of mediation can be quite significant.
More About Mediation Today
The Harvard Program on Negotiation states in its publicity that, “rather than imposing a decision, a trained mediator applies communication skills, objectivity, and creativity to help disputants reach their own voluntary solution to the conflict.” This is a great explanation for why you should go to mediation.
It also is why large businesses and other organizations have begun to hold internal mediation trainings for their employees. This has many benefits, including cost savings, greater confidentiality, better educated and more thoughtful employees–among others.
It should be noted that there are instances where mediation might not be the best option, at least not as a first step–auto accidents are one example. An attorney can handle the detailed and specialized work of an accident, especially dealing with insurance companies and representing the parties in court if necessary.
When it’s done well and in the appropriate circumstances, though, mediation can resolve problems in a kinder, gentler, and more expeditious way than the already overburdened court system. A court case works better some of the time, but is not always the best solution.