4 Reasons Why Mediations Don’t Work
Not all mediations will work. Not all mediations should work, sometimes failing is the best result that could to both parties, because the parties will be forced to rethink their strategy and determine if mediation is a good choice for their dispute.
Here are four reasons that can cause your mediation to fail.
- Timing - Rushing into a mediation is not beneficial for either party or any of the parties (parties if more than two parties) and can cause the mediation to fail. Most mediation professionals agree that it is best to mediation prior to litigation or arbitration, but that could be years between the event and the actually litigation. In some few cases, mediation should occur very soon after the event that causes the disagreement, such as in elder mediation cases . Understanding that timing is important in scheduling a mediation or offering mediation as an alternative will increase the settlement rate.
- Location – Choosing the wrong location for a mediation can cause your mediation not to work, especially if the location is hosted at a non-neutral site (such as the office of one of the parties).
- Frame of Mind – If you are attending a mediation and if you know it won’t work, then it won’t.
- Mediator – Choosing the wrong mediator can cause the mediation to fail. Not all mediators should mediate all cases. Mediators specialize in certain types of cases for a reason, they have a background that can help a mediation succeed. Choose a mediator that is well versed in your case.
Would love to hear your ideas on why mediations don’t work! Please leave a comment with feedback.
Take care,
Donita Brown
October 16th, 2009 at 9:26 pm
I find your articles very interesting and enlightening. Learniing about the mediation process, even on the level where you function, is fascinating when contemplating mediation on personal levels. Thank you for the lessons and commentary.
October 16th, 2009 at 10:59 pm
I believe another reason why mediations may not end in resolution sometimes has to do with the level of intervention by the mediator. As a mediator dedicated to the concept of self-determination, I am there to facilitate communication between the parties. When I overstep that role, I risk becoming attached to the outcome. The outcome is not up to me. The outcome – whether it leads to resolution or not – is owned by the parties.
As a mediator, it is my honor to be a part of the process, but the outcome is not mine to own.
Thank you for providing food for thought.
Debra Healy