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.