Mediation is More Effective Than ‘Just a Conversation’

“Discourage litigation. Persuade your neighbors to compromise whenever you can.” — Abraham Lincoln.

If you’re facing a dispute, how would you rather spend your time and money—in a court that may take thousands of dollars and weeks, months, or years or in a quick, cost-efficient mediation session in which both parties walk out satisfied?

President Lincoln was on to something—mediation works—but some people still think it’s “just a conversation.” They think it doesn’t work because they’ve already tried to talk to the other party. But in reality, mediation is so much more. Here’s what mediation actually entails and why the structure and a mediator can help turn that conversation into an agreeable resolution.

What is Mediation?

Mediation is an alternative way to solve conflicts outside of the courts and a judge. The parties involved meet with an impartial third party—an experienced mediator—who is trained to guide and structure the conversation in a way that facilitates open communication in a safe, confidential environment.

The mediator doesn’t act as a judge and dictate a settlement based on who is “right” or “wrong,” but rather helps those involved reach a mutually beneficial resolution that will become a legally binding mediation agreement. Whereas one person must lose in the courts, mediation allows both parties involved to get more creative with a solution and walk away with a win.

What Does the Mediation Process Entail?

While every dispute is unique, a general mediation process is followed for each situation. Both parties will have an uninterrupted opportunity to share their perspective, the impact the dispute has had on them, and what they’re looking for in a resolution. After both sides have had their time, the mediator will summarize and clarify the issues they hear from each party, confirming there are no outstanding misunderstandings. While the goal of mediation is to help those involved directly communicate with each other, the mediator can also meet with each party separately when necessary.

Once this has been accomplished, participants then work with the mediator to reach a mutually beneficial solution that resolves the dispute. The mediator will then draft the agreement, which once signed by both parties, becomes a contract enforceable by the courts.

Why Mediation Works

To break it down more specifically, here’s why mediation is more than “just a conversation” and the unique characteristics that make it so effective.

Structured and Facilitated Process

Impartial Third Party: The mediator facilitating the dispute remains neutral throughout the process, helping foster open communication and constructively navigate the conflict.
Fosters Innovative Thought: Mediators guide the conversation in a way in which the involved parties may identify and focus on their underlying interests rather than just the stated positions that they initially brought into the dispute.
Structured Negotiation: The reason most conversations don’t work is due to bias and lack of structure. Mediation provides a specific, impartial framework for discussion, which often leads to more productive conversations.

Open Communication

Safe and Confidential: Mediation provides a safe space for open, confidential communication that encourages those involved to honestly share their concerns and perspectives without judgment.
Active Listening: During mediation, all parties are asked to practice “active listening” in which everyone can feel heard and understood, which may lead to more empathy and enhanced understanding.
Improved Dialogue: As a result, communication is improved with the goal of reducing any future misunderstandings between all involved parties.

Goal of Resolution and Agreement

Collaborative Solutions: Unlike in the courts where a decision is made for you, mediation encourages a collaborative, problem-solving approach that allows those involved to work together to find a solution that’s a win-win for all involved.
Self-Determination and Satisfaction: This allows both parties to maintain more control over the final outcome, which often leads to those involved leaving mediation feeling that their concerns and needs have been heard, addressed, and met through the settlement agreement.
Greater Compliance: Because of those points mentioned above, there’s often higher compliance rates with mediated agreements when compared to being handed a decision imposed by others.

Efficiency and Cost-Effectiveness

Faster Resolution: Unlike court battles that can take weeks or months, mediation can often lead to a resolution in just days.
More Cost-Efficient: Mediation is generally less expensive than litigation, which requires paying attorneys and associated court fees. At Conflict Resolution Services, we also may waive our fee if you meet certain criteria, such as having a bridge card in your name or if your income is less than 125% of the standard poverty guidelines.

Ready to Get Started with Mediation?

When you’re ready to move beyond “just a conversation” and resolve your dispute with mediation, Conflict Resolution Services is here to help. Reach out to our team to get started today!