FAQ: Why Do Parties Reject Mediation, If It Works?

We are human. Thus, we don’t always choose to take actions that work. How many people do you know who want to lose weight, yet they don’t change their eating habits or maintain an exercise program, even when study after study proves there is no other way to reduce weight, increase health, and sustain it? How many do you know who want to save money, pay off debt, or make a major purchase, yet they continue to buy things they don’t need? There are many reasons (or excuses) for not taking the actions necessary to get the results we want, but some of the common reasons people don’t use mediation are:

  • They or their attorneys are not familiar with the process.
  • They don’t think mediators are sufficiently qualified to process the complex issues in their case.
  • They believe their attorneys have promised them a big win at trial.
  • They believe the outcome of every dispute has or should have a winner and a loser.
  • They think they will have more control of the result by going to court. [sic]
  • They don’t trust the other party to comply with any new agreement; they want an enforceable judgment.
  • They think litigation is the only way to make sure the other party doesn’t do the same things to them as they perceive were done or that were actually done.
  • They can’t agree with the other party or parties over even the simplest issues, such as who the mediator should be, when it should take place, or where.

There are some cases that might be best resolved through litigation. Yet, through mediation, many can be resolved more quickly, less expensively, and with results more tailored to the unique needs of the parties. Would you like to explore what is possible for your dispute and beyond the courts? Complete and return our Mediation Interest Form to request a conflicts check and subject matter review.

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.