A few years ago while studying Mediation I realized that the art or skill of mediation had been around for as long as one person was trying to make peace or negotiate a deal with another person. Once I realized this I started to look at things a little bit differently than before. I came up with this statement which is so simple but yet difficult for us to understand. “Mediation in one form or another has been practiced for as long as people have lived in groups. It is human nature to want to participate and be involved in helping others solve or cope with conflict. Everyone mediates. From the playground to the corporate board room people are in conflict and being assisted by friends, relatives, and co-workers in reaching a solution that the parties can agree upon or at least accept. Many times the mediator does not realize that they are acting in the mediators’ role”. (Essary, 2014)
If you compare mediation to going to court you will see that mediation is quicker, more fair, confidential, and much less expensive than a typical lawsuit. Everyone wants to avoid going to court especially if your conflict is with someone you know and care about. Most people try to talk to the other party and try to work things out but egos, pride, and stubbornness a lot of times get in the way. At some point, everyone realizes that they need a third party to help bring matters to some end. Do you want to go to court and take your chances, ruins whatever relationship you had with the other party, and be responsible for the unknown expenses of a lawsuit? Mediation is not perfect but it has a much better chance of solving a problem, maintain some positive relationship, and save a lot of money than going to court. Mediation is inexpensive compared to a lawsuit, it moves at a much faster pace than a lawsuit, and the parties have a much better chance of being treated fairly and still maintain some privacy concerning the disputed matter. Usually, for an hourly fee (Free to $500) most matter can be settled and avoid the unknown cost of going to court. Where a full-blown court trial could cost many thousands of dollars, last for many days or weeks, and then still not get a fair result. Going to court always involves a winner and a loser. Unfortunately, the people involved in court are at the mercy of many factors and have little or no control over any of the proceedings. Mediation allows for both sides of the conflict to have an active part in the proceedings and the outcome. If the parties involved are willing to listen to each other, negotiate, and work toward an agreement that both sides can agree too there will be no true winner or loser. Both parties can leave the mediation feeling as if they won or at least that they got a fair deal as a result of their efforts.
Mediation is required by many Courts involving children, divorce settlements, and other civil matters. Mediation allows the participant an active part in the proceedings, it reduces case load for the courts, and it reduces the cost involved in reaching a settlement. As time passes Mediation is exploring new areas such as restorative justice and being looked at as a part of negotiating sentences in criminal matters. Mediation has been around for many years but is still new in many ways. “Mediation is making a difference and improving people’s lives……Mediation is a profession and a service activity with enormous transformative potential.” (McCorkle, 2005)
Essary, T. (2014, September). Introduction to Mediation. Bethel University. Nashville, Tennessee, USA.
McCorkle, S. (2005). Mediation: Theory and Practices. Boston: Pearson.