People in a variety of circumstances may become embroiled in disputes that they seemingly cannot resolve on their own. Businesses dealing with breach of contract scenarios may struggle to resolve their issues, and the same is true of those pursuing personal injury claims or handling family law matters.
Sometimes, conflicts seem so intractable that people assume their only option is to take the issue to court. They prepare for litigation, but they worry about the delay involved and how unpredictable it can be to have a judge resolve major conflicts. Thankfully, there are alternate options available for those hoping to resolve disagreements. For example, mediation is a highly useful form of alternate dispute resolution.
How can a mediator assist those who disagree and need assistance in resolving their differences?
By lending a neutral ear
Each party embroiled in a dispute likely has a very clear perspective that aligns with their needs and feelings about the issue. The lawyers representing the people involved in those disputes very likely have perspectives that align with their clients, making it difficult to compromise and resolve the conflict. A mediator can go over the dispute with the parties involved at length and can offer a neutral perspective. The process of talking through the issue with a third party sometimes helps people recognize opportunities for compromise.
By asking questions and guiding conversation
Mediators can sometimes help the parties involved in a disagreement meet in the middle by asking questions about the issue and the impact it has had on both parties. An opportunity to discuss the matter at length with one another can sometimes help shift the attitude of those involved in the mediation process. The process of discussing the matter might also lead to more insight into how they could resolve the issue in a manner that works for everyone.
By providing a buffer
Sometimes, the most important element of a mediator’s job is how they serve as a degree of separation between those embroiled in the conflict. They might even keep the parties separate to keep things as calm as possible. Minimizing direct communication can sometimes prove beneficial when attempting to resolve disputes that trigger emotional reactions in the parties involved.
Attempting mediation could potentially lead to an agreement that is private and that may minimize the damage to the working relationship between two parties. As such, mediators are often crucial to the successful resolution of a dispute outside of the legal system.