Why choose mediation to resolve a conflict?

Not too long ago, Michael the landlord called John and gave him an eviction notice. John had not paid rent for the previous 6 months and moved out of the house he lived in as a tenant for the past 12 months. Prior to losing his last job, John was never late for rent, but now struggled over the past 6 months to put food on the table. It was time to move in with his parents as he landed a job after 6 months of unemployment. The last time he spoke to Michael, he was jobless owed $15,000 in back rent. Michael decided to file a lawsuit to collect the back rent. The judge ordered both Michael and John to go to mediation and resolve the dispute.

The mediation was the first time Michael and John spoke to each other since the eviction. Each party had a chance to share their side of the story without interruptions. They were able to exchange information pertaining to their concerns and needs. With the help of the mediator who guided them, they were able to talk to each other, negotiate the terms of settlement and resolve their dispute quickly. Both parties left the mediation with dignity and on good terms. They avoided spending time and money on litigation where someone would have imposed settlement terms upon them. They were able to go on with their lives.

The above scenario is a great example of why mediation may be a better option for conflict resolution. Because the parties control the outcome of their agreement and are mutually satisfied, there is a higher rate of compliance by the parties. Compared to litigation or arbitration, the cost of mediation is greatly reduced. The result of mediation is a legally binding Mediated Settlement Agreement.

Mediators do not offer legal advice and do not impose or make decisions for the parties. The role of the mediator is that of a facilitator providing a confidential, safe space for parties to explore objective solutions. A mediator is also the scribe of the Mediated Settlement Agreement, ensuring that the terms of the agreement are realistic, simple, and measurable.

The litigation process can take months, even years.  Mediation is a quick alternative to conflict resolution at a reduced cost. If the parties are unable to resolve the dispute through mediation, they retain their legal rights and can proceed with the case to be resolved through litigation. Mediation is proven to be universally effective as an Alternative Dispute Resolution mechanism. Give it a try!