Mediation is one of the most popular and powerful alternative dispute resolution systems. Those who are dealing with some kind of business law dispute or a similar civil conflict might believe that going to court is the only option for resolving their issues. However, the outcome of court proceedings can be unpredictable, and litigation often does permanent damage to the working relationships between the parties involved.
Mediation can be a viable solution for resolving contract breaches or other disputes. The services of a neutral mediator can actually improve the chances that those who are embroiled in a conflict will reach an amicable resolution to the matter.
How a mediator can help
The parties involved in a conflict and their respective attorneys already have an idea of the outcome that they want to secure. It will be hard for them to empathize with the other party and agree to make concessions regarding their demands or their position in the matter. They may view any compromise as a failure or loss, rather than a means to favorably resolve the dispute.
A mediator can help by lending a compassionate ear to each side of the situation before suggesting ways for the parties to meet in the middle. In some cases, neither party will need to compromise on the details that matter the most to them. Other times, both sides may need to make significant concessions to resolve their dispute.
The mediator’s fresh perspective and ability to validate the needs of each party can serve as a balm to the animosity in the relationship. Mediation does not always lead to a signed agreement between the parties, and it certainly does not guarantee an improvement in the relationship between them either. Still, the support of a mediator who can help them find a middle ground could allow them to resolve the matter without going to court and potentially start working on the relationship.
In scenarios where those who are embroiled in a conflict worry about their privacy, have certain concessions they absolutely cannot make or hope to preserve the working relationship with the other party involved, attempting mediation before referring the matter to the courts could be a very smart choice. Finding a suitable compromise to benefit everyone is the ultimate goal for most parties attending mediation as they seek to resolve a civil dispute or business conflict.