When business or personal disputes and arguments reach a point where communication stops or becomes adversarial, it’s difficult to know what to do next. Many turn to litigation but there is an alternative. Mediation, as a practice is extremely effective in helping parties find solutions. So successful that statistics of 75% to over 80% success rates have been published in voluntary mediation.
Mediation has many advantages over litigation:
- Mediation is less expensive and less time-consuming
- Mediation leaves control of the outcome to the parties rather than in the hands of a judge or jury
- In mediation the parties can fashion their own solutions
- When ongoing relationships are important, for example, among family members or between businesses that wish to continue a business relationship, mediation provides an opportunity to resolve a dispute in a non-adversarial way so that important relationships are repaired and preserved.
You’ve decided you want to try mediation, so now what? It makes sense then that choosing the right mediator could help your situation. What do you hope to achieve from the mediation and what style of mediation would be best to accomplish that?
Facilitative-the mediator structures a process to assist the parties in reaching a mutually agreeable resolution. The mediator asks questions and assists the parties in finding and analyzing options for resolution. The facilitative mediator does not make recommendations to the parties, give his or her own advice or opinion as to the outcome of the case, or predict what a court would do in the case. In disputes where the parties have an ongoing relationship, a facilitative style of mediation is often appropriate and productive.
Evaluative –the mediator acts more like a neutral evaluator or arbitrator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do and is based on legal concepts. The evaluative mediator structures the process, and directly influences the outcome of mediation. Evaluative mediation is most often used by attorney mediators and retired judges.
Regardless of the style you choose, mediation can be a tool for success. How does your business deal with disputes? Are there issues you would like to resolve and need help?
- Jackson reforms could lead to more mediations, say survey (manchestereveningnews.co.uk)