FAQ: What Goals Can Be Achieved Through Mediation?
There are a number of goals that can be achieved through mediation. Yet some of the most common ones that parties have when they seek mediation to resolve their disputes are:
- Facilitated discussion that leads to more complete understanding of the true issues
- Avoidance of stalemates or other losses of working relationships
- Avoidance of litigation and an unfavorable* judgment or settlement
- Creation of a mutually beneficial resolution
- Transformation of the relationship
- Assistance in persuading the other party to settle the dispute
- Privacy of emotionally-charged personal or business issues
* “Unfavorable” does not always mean a party fears paying more than desired. An unfavorable judgment could involve loss of a key employee, investor, or vendor. An unfavorable judgment could open a party to penalties, media attention, or difficult relationships with others. Moreover, concerns about too much money paid or too little money received tend to be rooted in deeper fears, such as inability to provide basic needs (e.g., food, clothing, shelter). In mediation, we can discuss those fears and how to ensure they do not come to fruition. The courts do not typically have the time, resources, or infrastructure to address interests in the same way.
Nance L. Schick, Esq. is an attorney, arbitrator, and mediator based in New York City. She is the founder of The Law Studio of Nance L. Schick. Her holistic, integrative approach draws from her experience as a human resources supervisor, as well as her legal and EEOC training. She is creator of the Third Ear Conflict Resolution process, author of DIY Conflict Resolution: Seven Choices and Five Actions of a Master, and an award-winning entrepreneur, who has been acknowledged by the New York Economic Development Corporation/B-Labs (Best for NYC 2015 finalist), U.S. Chamber of Commerce (2015 Blue Ribbon Small Business), Enterprising Women Magazine (Honorable Mention, 2014 Woman of the Year awards), and Urban Rebound NY/Count Me In (2013 Pitch Competition finalist). Most recently, she attained her certificate in Ethno-Religious Conflict Mediation and now serves as the Main ICERM Representative to the United Nations.