Mediation has so many applications these days that clients come to us with many different preconceptions of what it is and when to use it. Some think of it purely in terms of divorce and childcare arrangements; others see it as a tool for dealing with business disputes. The truth is it’s both, and more besides.
In family law, mediation permits a less adversarial approach than court, with the mediator acting as an impartial third party, helping the parties to communicate, overcome sticking points, and find solutions they can live with.
The effectiveness of the process surprises many participants. Figures from a family mediation programme in Iowa in the US found that 95% of participants in mediation doubted they would make any progress before they started. But it enabled 71% to reach agreement in some or all of their issues.
Other common uses for mediation are in disputes over money owed, or in landlord and tenant cases. A recent example of the latter was where mediation was used to prevent an anti-social behaviour problem escalating into eviction or litigation. The parties were able to resolve the issue without having to go through the greater upheaval of finding new tenants or a new place to live.
The emphasis on outcomes that work for both parties makes mediation a useful tool for businesses. In particular, it can preserve relationships that would be damaged by litigation. A typical application might be a dispute between a business and a regular supplier, where they need help to settle the issue but want the possibility to continue to do business together.
In all these situations, whether they involve families, landlords or businesses, mediation also offers the possibility of novel or flexible solutions. This could be anything from an apology in a business dispute to a contact arrangement that reconciles different parenting styles. In contrast, a court is restricted by the legal framework as to what outcomes it can impose.
It used to be, according to the old saying, that disputants would want their day in court. Now if you want to have your say or be heard in a dispute, it’s usually cheaper and quicker to steer well clear of court. Mediation is an excellent way to effect that.
