What Goals Should I Have for Mediation?
Credit: @alessguarino
Generally speaking, most people understand that mediation is a form of intervention meant to help resolve a legal dispute. However, less talked about is what the actual goal or outcome should look like. There are many factors to consider when deciding how to resolve a dispute. It is important not to neglect any of them in order to make informed decisions for yourself pertaining to your circumstances. This blog discusses a few key points to consider before entering into a mediation and what to remember throughout the course that could help contribute to a more successful outcome.
First, it is important to understand that mediation is not a place where you can always expect to get what you want. Expecting a windfall in your favor is probably not a good mindset coming in. Few scenarios are slam dunk “wins” in court or arbitration. Every case has its problems. Sometimes evidence is inaccessible or lacking in substance, finances are a problem in keeping up with litigation, or the party you are attempting to collect from is unable to pay the hypothetical judgment you may obtain against them. None of these things are really helpful, which is a terrible thing to discover after spending so much time, money and energy fighting over the issue to that point. When viewed in light of the very real risks that come along with litigation, making some concessions in order to create a workable agreement is a much more sensible choice. Many people tell themselves that they would rather fight than give anything to the other party. Nonsense! Legal disputes and mediation are a problem-solving exercise. They are not a place to try to have an ego-fueled battle with the other party. To this end, you’ll surely be letting your anger cost you unnecessary time, stress and expense. These problems should be resolved with practicality above all! It is important not to let them become overly involved when uncomfortable with the proposed terms or solutions.
Second, know that mediation is an opportunity: An opportunity to have the most amount of control you will have over the situation prior to submitting it for review by a judge or arbitrator. All parties can look for opportunities of mutual gain—items or terms for one or more parties that the other is either neutral to, or can also benefit from. This helps put the parties closer to resolution, or “sweetens the deal” for one or more parties. Additionally, parties should not feel limited to a certain agreement because it is common. Essentially, with few exceptions and as long as it’s legal, the parties can agree to whatever they want. Courts are not this imaginative and do not really ask for the parties’ input before rendering decisions. Use this benefit to your advantage! Mediators are great problem solvers and can help the parties by asking questions to help them discover all possible solutions for them.
Lastly, one should not overlook the overarching goal of mediation, which is to heal and get past the issues, without allowing them to continue to take up valuable space in your life. This lifetime is finite, and so much is uncertain, but human beings certainly were not put on this earth to spend any amount of time suing each other. We have families, loved ones, and our own ambitions and desires to focus on. That is where as much of our time as possible should be spent. Becoming involved in the ugliness that can come along with legal disputes is in no way really beneficial unless it is a last resort and a very serious matter.
As soon as the parties have a decent amount of facts to operate on concerning the issue, mediation can ideally be explored as a first option, rather than one commencing just before trial or arbitration. It is almost always better to try to cap costs, and resolve something before it escalates in intensity and cost!