To us as mediators, the advantages of mediation are obvious. We have therefore struggled to understand why the process is not used much more often and much earlier when disputes arise. We have completed scores of mediations and presented many seminars on the subject. What we have learned is that there are many misunderstandings that prevent people (and their advisers) seeing how mediation would be of benefit to them. There is only room for a quick summary here.
Why?
When?
Mediation is, simply, a negotiation helped by an independent 3rd party. It is not counselling and it is much more than “splitting the difference”. No participant is expected to act against their own best interests, so it is not just about “playing nice”. Employment mediation does not define how mediation works in other contexts.
You should not consider mediation if it is not to your advantage. I can say without hesitation though that often mediation will give you the best possible opportunity to get the best possible outcome for you. That’s what is in it for you.
Why?
- You retain control of the outcome
- You can evaluate all options for settling the dispute
- You can minimise damage to ongoing family or business relationships
- It is quick
- It is very cost effective
- You can maximise value from your advisers (lawyers/accountants etc)
When?
- As soon as possible after any dispute develops
- While developing a business or asset plan with multiple stakeholders
Mediation is, simply, a negotiation helped by an independent 3rd party. It is not counselling and it is much more than “splitting the difference”. No participant is expected to act against their own best interests, so it is not just about “playing nice”. Employment mediation does not define how mediation works in other contexts.
You should not consider mediation if it is not to your advantage. I can say without hesitation though that often mediation will give you the best possible opportunity to get the best possible outcome for you. That’s what is in it for you.
