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.