Misconceptions About Mediation

 

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Through out our mediations we find that it is not uncommon for many people to have misconceptions about mediation, particularly about how the process works and what it can achieve. While mediation is an effective tool for resolving conflicts, there are some common misunderstandings that can lead to inefficient mediation sessions, missed opportunities, and unsuccessful outcomes. Here are some of the main mediation misconceptions to watch out for:

1. Mediation is only suitable for minor disputes – Many people mistakenly believe that mediation only works for small or inconsequential disputes. However, mediation has proven successful in a variety of contexts, including multi-party litigation, labor/management disputes, and even warring nations.

2. Mediation involves a judge making a decision – This is not true; mediation does not involve a judge ruling on any matter or issuing binding decisions. The mediator’s role is merely to help facilitate dialogue between both parties so they can come up with their own solutions and agreements regarding the dispute.

3. Mediation is time consuming - On the contrary, mediation often results in quicker resolution than other methods such as litigation or arbitration as both parties have complete control over their outcome with no outside pressure from an arbitrator or judge who may be more interested in reaching a verdict quickly rather than searching for creative solutions that meet everyone’s needs.

4. Mediation is expensive – People often assume that mediation costs more than other dispute resolution methods due to the expense of engaging a professional mediator; however this is rarely the case since mediation usually requires fewer hours when compared to court proceedings or negotiations among attorneys representing each side of a dispute.

5. Mediation doesn't work - It's important to remember that all situations are different, so it's impossible to say definitively whether mediation will work in every case or not; success depends largely on how well participants cooperate throughout the process and how committed they are to finding an acceptable solution that meets all parties' interests without sacrificing anyone's autonomy or dignity along the way.

Mediation misconceptions can lead to lower expectations and missed opportunities when it comes to resolving disputes quickly and cost-effectively while preserving relationships between disputing parties in the long run. By understanding these common misunderstandings ahead of time, parties involved in mediation will be better equipped to work together cooperatively and find win-win outcomes through creative problem solving techniques facilitated by an unbiased third party mediator who encourages open-mindedness between all involved during negotiations.

Here is a reference for further reading:

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