Wednesday, February 12, 2014

WHY CAN MEDIATION WORK EVEN WHEN NEGOTIATIONS FAIL



INTRODUCTION

Very often, in both civil disputes and international conflict, we find that after all efforts in negotiation have been exhausted and have failed dismally, the dispute goes to mediation where it is magically resolved. Since mediation is defined as "assisted and facilitated negotiation", one must ask what is it about the process of mediation, and the skills of the mediator that can help to resolve a dispute that appeared intractable during negotiations? What additional ingredients are added to the mix that were missing before mediation and appeared to make all the difference? Why and how do the dynamics change once a third neutral party is introduced?

Although there is a range of forces at work and a variety of techniques and disciplines at play when a skilled mediator enters the fray, I will highlight but a few in this column. My intent is to educate the discerning public and to instill confidence on the part of the consumer, in mediation, as a very viable, effective and efficient alternative in the dispute resolution process continuum.