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.

1. 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. 
2. 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).
3. Frame of Mind – If you are attending a mediation and if you know it won’t work, then it won’t. 
4. 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

Just what is Mediation?  Mediation, as defined by the Tennessee Supreme Court Alternative Dispute Resolution Commission  “A voluntary settlement process to help you resolve disputes. Mediation is an informal process where a mediator helps people with a dispute to reach agreement. The mediation process identifies important issues, clarifies misunderstandings, explores solutions, and negotiates settlement. “

Mediation can be used at any time during, before and after litigation has occurred, although the majority of mediations occur prior to litigation.  Mediation allows the parties to come to an agreement in their dispute rather than taking it to a third party, such as a judge.  

You probably mediate every day and don’t realize it. You mediate when a co-worker comes to you with a gripe about another co-worker and you play devil’s advocate or help them see the other side, or when your spouse and child can’t agree on where to go out for dinner.  Mediation is about helping people come to a resolution.  Consider it bridge building.  Mediation can be used to settle a dispute between members in a home owner association, between a hospital and a patient, a company and an employee, or many other situations.

I’d love to hear how you define mediation. 

Thanks for reading!

Donita

www.iMediateIT.com