Four Reasons Why Mediations Don't Work

Not all mediations will work. Not all mediations should work. Sometimes failing is the best result that could happen to both parties, because the parties will be forced to rethink their strategy and determine if mediation is a good choice for their dispute. Some disputes can be solved in one mediation session; however, other disputes will require multiple sessions with multiple mediations until the right circumstances are attained to allow the parties to resolve the conflict.

Here are four reasons that can cause a mediation to fail:

1. Timing - Rushing into mediation is not beneficial for either party or any of the parties (parties if more than two parties) and can result in a failed mediation. 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 mediation or offering mediation as an alternative will increase the settlement rate.

2. Location - Choosing the wrong location for 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 mediation and if you know it won't work, then it won't! This is true for both the parties, counsel, advocates and the mediator. The parties in the mediation must go into the mediation knowing that they can come to an agreement and understand that they are not settling or failing by settling their dispute in the mediation. The counsel (or attorneys) must enable their clients to succeed in mediation by preparing them appropriately for the mediation session.

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.