Misconceptions About Mediation

Mediation Is The Same As Arbitration.

No, mediation and arbitration are actually quite different. In arbitration, the arbitrator hands down a decision after hearing the arguments of both parties. In mediation, the parties retain control, finding their own solutions.

The Mediator Will Decide One Party Is “Right” And The Other Is “Wrong.”

No, a mediator is a facilitator and not a judge. One benefit of using mediation to resolve a conflict is that parties can find mutually beneficial solutions, where neither “wins” or “loses.”

Mediation Is Used Only to Resolve Legal Disputes.

Not necessarily. Mediation is based on the principles of communication and negotiation. It can be applied to almost any conflict.

The Other Side Won’t Agree To Mediate.

More often than parties expect, both sides agree to mediation when they are approached. Most parties share the common desire to stay out of court.

Mediation Won’t Work.

Studies show that approximately 85 to 90 percent of commercial cases that go through mediation result in an agreement. For most parties, there is nothing to lose by attempting mediation.

Mediation Is Too Good To Be True.

Not at all. Mediation has actually been used for years and is endorsed by organizations such as the American Institute of Architects, the National Association of Securities Dealers, the United States Postal Service and the EEOC. Rather than be too good to be true, an increasing number of people believe mediation is too good to pass up.