Many people are familiar with mediation and know its power and the ability of mediators to bring people together so they can have fruitful conversations that hopefully lead to agreements. People who are unfamiliar with mediation often want to know more, so below we discuss what makes mediation specifically successful and effective in many cases.
Voluntary participation by the parties
The first thing that is absolutely critical for a successful mediation session is for the parties to be on board. It is understandable for them to have disagreements—this is why they are in mediation to begin with—yet they have to commit to trying to work the problem out. At the very least, the parties have to be open to talking to each other, whether that is in person or through their lawyers and the mediator.
A skilled mediator is key
A skilled mediator is extremely important because not all of the responsibility for a good mediation falls on the parties. The mediator is a crucial element of the process, which is why they must receive training according to the rules of the state they practice in. Some may be credentialed as well.
Focus on the interests of the parties
Another important make-or-break in mediation is knowing that effective mediation focuses on the underlying interests of the people participating. By exploring what is important to each party, the mediator and attorneys have more to work with because there is more available to negotiate.
The effectiveness of mediation depends on a combination of skilled facilitation, voluntary engagement, participation and truly focusing on the parties’ real interests.