There is commonly held misconception about mediation and that, like a trial, it results in winners and losers. This simply is not the case. Mediation is about finding new and practical solutions to difficult problems. The process is something that all participants to the mediation work on together, bringing their own particular perspectives to the dispute and in their own ways of approaching problems and delivering solutions. Mediation takes into account the plain fact that everyone has a different view of a particular dispute, and that each has their own very different interests and concerns. The mediation session is an opportunity for these different views, interests and concerns to be discussed in a neutral and calm environment with the assistance of a trained neutral third party – the mediator. These discussions are conducted in an unhurried, informal and relaxed way so that everyone has a chance to express themselves and to be heard.
Once these initial discussions are complete the mediator will turn everyone’s attentions away from the past and towards the future. It is at this stage where the participants work together to develop solutions to the problems that lie between them. Such a solution will not be exactly what either party initially wanted when the dispute arose, but will represent something that is workable and equitable, and with which everyone can live. Agreements reached in this way through mediation are much more likely to be complied with, and they are legally binding.
The agreements in mediation come from the participants, rather than being handed down by a judge, and perhaps because of that ownership most people find the process of mediation to be more helpful, easier and much less stress than litigation.
People who decide to go to court to settle their dispute, whether they win or lose, frequently report high levels of dissatisfaction with the whole process, including with the decision. Mediation seeks to provide a method of dispute resolution where all parties to the dispute come away feeling listened to, and content that their concerns, no matter how big or small, have been taken into account. Importantly, they also report feeling that they were afforded the opportunity to directly influence the outcome, which leads to high levels of satisfaction.
Studies have shown that up to 85% of people who take part in mediation, rather than going to court, complete the process with a workable solution.
