Conflict

Conflict is a fact of life. We face problems and disagreements all the time: at home, on the job, and in our neighborhoods. Not all these disputes are serious, and we may choose to ignore some without any consequences. However, some are more serious and cannot be ignored. If they are not dealt with, they may become worse and take time and money to resolve.

Going to court is one way of settling a dispute. However, it can be costly and time consuming. Moreover, it is not always a satisfying process for the parties involved. More and more, people are looking outside the courtroom for quicker and potentially less costly alternatives for resolving disputes.

Mediation

People involved in a dispute can ask a mediator, an unbiased and impartial person, to assist them in their negotiations. The mediator can often help to ease tension and encourage discussion between the parties. The mediator can help the parties themselves find a solution that can often result in a "win-win" situation, where everyone is satisfied with the result. The mediator cannot force you to settle the dispute or to accept a particular solution Through mediation, parties are able to work together to reach a solution which can be more creative than that which a court would impose.

The cost of mediation is usually shared between the parties.

When should you consider mediation?

Even if you're already in court or have begun the process of going to court, you can still use mediation. In fact, many courts have established dispute resolution programs that require parties to participate in some form of dispute resolution, such as mediation, prior to proceeding with their court action.

How do you convince the other party to participate in mediation?

Not everyone will immediately agree to participate in a mediation process. They may need more information about how the process works and whether it meets their needs. They may also need some time to realize the cost and time involved in taking the dispute to court.

Emotions are often highly charged. People may be angry or so intent on proving the other person "wrong" that nothing other than their day in court will appeal to them. Don't be discouraged. Even if the other party insists on going to court, remember that mediation can be used at any time, even after a lawsuit has been filed

Thinking about your options