Traditionally, disputes rely on negotiation for solutions. If negotiation fails, litigation is often initiated. Mediation involves 
the skillful intervention of a third-party professional to help resolve disputes that arise between two or more parties.
Simply put mediation is a process in which a third party (the mediator) facilitates non-adversarial negotiations between conflicting parties so they will be more likely to reach agreement.
The mediation officer clarifies issues while remaining dispassionate and focused. He or she guides the discussions between the parties. By providing a forum in which the parties can tell their sides of the story in a non-confrontational way, the mediation officer helps find common ground on which to resolve the dispute.
Mediation is quicker and less expensive than arbitration or litigation. Because of the less confrontational process involved, mediation takes less time and effort. Conflicts that become the subject of litigation remain open for as long as they need to move through the court system — often months. Mediation is an informal process that can be arranged and completed relatively quickly
Mediation saves money. Litigation is expensive. By the time a case goes to trial, companies have devoted management time to preparation and spent money on counsel, expert witnesses and the costs of discovery.
Mediation is more flexible than arbitration or litigation. It provides a casual forum in which the parties can design a creative resolution to their dispute. They have a vested interest in the successful outcome of the mediation and may be more likely to comply with the settlement than if the decision is imposed on them. If the parties cannot reach a settlement, arbitration or litigation is still available to them. In arbitration or litigation, a resolution is imposed on the parties in the dispute. As referred to above, mediation is guided negotiation; no one imposes anything. The mediator is a neutral party whose role is simply to help the people in the dispute find a solution for themselves.”
Mediation offers better solutions. People involved in resolving their own conflicts tend to produce higher quality solutions, more appropriate to the situation and more likely to last over time. They also tend to be more satisfied with the solutions and more devoted to making those solutions work. Mediation is more likely to allow the parties to maintain their former relationship. By achieving a “win-win” result through mediation, all of the parties should feel that they are getting fair treatment. Mediation, by contrast, can rebuild relationships by giving conflicting parties a chance to communicate constructively, to hear each other’s points of view and to work together on a solution.
Sometimes mediation is appropriate; sometimes it’ not. Sometimes it will result in settlements; sometimes it will not. Some agreements will be creative and thoughtful; others will be grudging compromises. Mediation is not perfect.
But mediation is a powerful tool — one that provides valuable options for businesses and individuals who are addressing conflicts. Mediation should be part of everybody’s toolbox.
If you are interested in learning more about how I can help you with a conflict resolution within your business, organization, or family, I would be more than happy to discuss procedures, fees, and ground rules with you and all interested parties. You can contact me at 517-492-3400 or Mike@MikeBowler.com
