Why Should I Mediate?
When some people hear the term 'mediation,' they might imagine cozy chats over herbal tea or overly polite exchanges. But let me break this to you gently, mediation is not the soft option and it’s certainly not fluffy.
It’s about hard-nosed problem solving that cuts through disputes with precision, often with a side of reality checking for parties who are stubbornly entrenched.
Moreover, it’s precisely the kind of thing lawyers are built for, persuasive arguments, tactical thinking, and yes, the occasional dramatic sigh for effect for those still craving a touch of theatrics
Lawyers and Mediation: An Uneasy Relationship
Let’s face it, some lawyers are sceptical of mediation, who may see it as an unnecessary detour, a delay in the glorious march toward trial (and billable hours). Others worry it’s a touchy-feely affair that compromises their role as gladiators in the legal arena. And then there’s the myth that mediation somehow signals weakness, as if agreeing to talk things through is akin to waving a white flag.
But here’s the truth, mediation doesn’t mean surrendering. It means strategising. It means finding creative solutions to complex problems without burning bridges (or blowing up budgets). And contrary to popular belief, it’s not just for family law or neighbourly squabbles over a shared hedge. Mediation is increasingly being used in housing disputes, commercial conflicts, employment issues, and even the gnarlier bits of litigation.
Breaking Down Barriers
The good news is that practitioners are becoming more aware of mediation. It’s no longer the niche option it once was. Yet despite this progress, some still relegate it to the “Plan B” pile, pulling it out only when a case becomes a logistical or financial quagmire. Why? For some the misconceptions persist.
One of the biggest barriers is the idea that mediation is too informal to tackle serious disputes. Lawyers might assume that their clients won’t respect a process that doesn’t involve a stern judge, a gavel, or at least the comforting sight of thick legal binders. But mediation doesn’t lack rigor; it simply shifts the focus from fighting to resolving. And if done right, it can be as challenging (and satisfying) as a courtroom showdown, especially with the right mediator.
Another hurdle is fear of the unknown. For some lawyers, especially those practised in thinking in more adversarial terms, it can be hard to trust a process where the outcome isn’t dictated by precedent or a judge’s decision. But mediation isn’t about abandoning structure; it’s about working within a framework to craft practical, tailored solutions. It’s legal creativity in action, and who doesn’t want a chance to flex those muscles?
The Real Benefits of Mediation
Let’s get down to brass tacks: why should lawyers give mediation the respect it deserves?
It Saves Time and Money Think of all the late nights preparing for trial, the reams of paperwork, the endless pre-hearing squabbles. Mediation cuts through that like a hot knife through butter. It’s quicker, cheaper, and, dare I say it, less soul-destroying.
It Puts Clients First While litigation can feel like a game of legal chess (perhaps fun for lawyers, although less so for clients), mediation keeps the focus on practical outcomes. Clients appreciate solutions that save them stress, time, and money, and happy clients are usually loyal clients. Isn’t that the goal?
It Preserves Relationships In housing disputes, employment matters, construction projects or commercial conflicts, parties often have ongoing relationships. Mediation helps them find workable solutions without creating lifelong enemies. Even if your client doesn’t need to send the other side a Christmas card, they might still need to co-exist.
It Works, Even for Stubborn Cases People often think mediation is only effective if both parties are reasonable and cooperative. Spoiler: they’re wrong. Mediators are skilled at managing difficult personalities, breaking deadlocks, and getting parties to see sense (sometimes through sheer force of will).
It’s Surprisingly Satisfying While courtroom victories are great, how often do they leave everyone truly satisfied? Mediation, on the other hand, can deliver outcomes that feel fair and balanced, resulting in a win-win. And that’s not something lawyers get to say too often.
Changing the Narrative
So, how do we change the way we think about mediation? For starters, we need to reframe it as a tool of empowerment, not compromise. Mediation doesn’t mean rolling over; it means taking control of the process and the outcome. It means using your skills to guide your client toward a solution that works for them, not just a solution that ticks a box.
We also need to embrace mediation earlier in the process, not just as a last resort. By introducing it as a viable option from the start, lawyers can save their clients unnecessary grief while enhancing their reputation as pragmatic problem-solvers.
Final Thoughts
Isn’t it time to ditch the outdated stereotypes? Mediation isn’t about singing “Kumbaya” or holding hands around a campfire. It’s about doing what lawyers do best: solving problems, thinking strategically, and advocating for their clients.
So next time someone suggests mediation, why not embrace the challenge and join the “Resolution Revolution”.
Don’t wait… mediate.
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