For litigators, mediation has become a routine event in the process of getting a dispute to trial. Occasionally, however, something happens out of the normal routine that reminds us of the power of resolution. This happened to me last week.
I was mediating a business dispute, and we settled the case just as lunch arrived. Unexpectedly, the plaintiff asked me if the parties could all eat together. I asked the defendant and defense counsel, and both agreed, and we all sat together for lunch.
As I sat there, I felt great joy in being a part of this process of “dispute resolution.” Not all disputes can end this way, but we must all be reminded of the clear advantages of getting a case resolved for a client.
Saving expense, shortening the time for a final resolution, and the certainty of a negotiated agreement are the obvious advantages of mediation. Yet, there is one commonly overlooked benefit: preserving relationships. A mediation can protect business and personal relationships from destruction. Because mediation (and its outcome) is a voluntary rather than adversarial process, and because mediation isn't inherently a win/lose outcome, important relationships have a chance of surviving the dispute.
Successful mediation should feature collaborative, non-confrontational problem solving and, in some cases, provide the first step in repairing potentially valuable connections between the parties.