In today’s society, mediation is fast becoming the preferred means of settling disputes. More and more people and organisations are eschewing the courts, tribunals or formal complaint channels in favour of something that is quicker, less confrontational and typically cheaper.
The process puts an independent, neutral third party in the room to facilitate communication between those at odds. This mediator will not hand down a verdict; his or her role is to help the parties put their finger on the real issues and come to terms with one another.
A Case for Increased Use
There is no question that the appeal of mediation has grown, and this is tied to a shift in how conflict resolution is regarded. Traditional court proceedings can be a slow, expensive and stressful affair, one that may only serve to entrench hostility. That is a particular concern in family, the workplace, business or neighbourhood matters where the individuals have to continue their relationship once the dust has settled. According to Effective Dispute Solutions mediation is a more human approach. It is flexible, it keeps things private and it puts the outcome in the hands of the participants.
Then there is the matter of efficiency and wellbeing, values that are increasingly in vogue. Legal systems and public services in many countries are under strain from backlogs and resource constraints. To take some of the load off formal dispute mechanisms, governments and employers have been putting pressure on the use of mediation. In some quarters it is actively recommended, and in certain instances one might be expected to give it some thought before any litigation is commenced. The advent of online mediation has only made the process more within reach, both in terms of cost and the ability to join remotely.
The Pros and Cons
On the plus side, mediation is usually much faster than the courts, often taking days or weeks to arrange as opposed to months. For those who cannot afford the luxury of a long legal battle, it is a more accessible form of justice. EDSL’s expert mediators can lead you to a solution in one day. Being a collaborative exercise, it is less adversarial and spares the emotional toll that can damage professional or personal ties. Parties tend to be happier with an outcome they have had a hand in crafting, and it can open lines of communication to forestall future trouble.
But there are drawbacks to consider. The whole thing hinges on both sides coming to the table in good faith. Should one party be intransigent or manipulative, mediation is likely to come to nothing. Where there is a marked power imbalance, as with some abuse cases, it is not well suited unless there are robust safeguards. And unlike a judge’s ruling, there is no binding decision unless a formal, enforceable agreement is put in writing. One must also guard against the possibility of a party being cajoled into a settlement just to put an end to the expense and hassle.
What Can Be Mediated?
The range of disputes amenable to mediation is broad. From divorce and inheritance to commercial contract disagreements, consumer complaints or conflicts in the workplace and at school, mediation can offer a constructive forum for dialogue. It is particularly useful when there is a need to preserve some semblance of a relationship going forward. It is not the right tool for every job, but its popularity is a sign that there is a growing acceptance that a dispute does not always have to produce a winner and a loser.
