In the 4th grade I got appointed to the Conflict Resolution Team. We wore blue shirts and wandered the playground with clipboards looking for conflict to resolve. I don’t remember if we solved a lot of conflict but I did enjoy the idea of solving conflict. I became a certified mediator before I was lawyer. I love mediation. It is less stressful, more effective, efficient, and affordable than litigation. So why aren’t more people using mediation?
I think people fear mediation when in reality they should fear litigation. They should fear the fact that they don’t know what the outcome will be, what the cost will be, or how long it will take. With mediation you know the outcome because you decide it, you know the cost because Sassy Litigations offers flat fees, and you can choose how many hours.
There is a fear of expressing their emotions and fear of having to negotiate. What people don’t realize is most of the time litigation is fueled by emotions and there will be a lot of unwilling negotiation because one side will lose. Mediation gives you a chance to get those emotions out so you can then focus on the real issue. And one of the great things about mediation is that it gives the parties control over their situation. Control they lose in litigation.
Many people fear mediation because they think it’s new and litigation is the way it has always been done. Grace Hopper said the most dangerous phrase in the language is, “We’ve always done it this way.” It’s time to stop thinking that the only way to solve legal disputes is through the long, expensive court battles. What people also need to realize is that mediation is not new. The first records of mediation date back to 1500 BCE, so mediation is not new in the slightest bit.
The great thing about mediation is that it can be used in so many areas of law, people just need to be willing to do it. It also helps to preserve the relationship between the parties, this is especially important in the case of divorcing parents or business owners and customers. What it really comes down to is that people just need to get over themselves and sit down and talk it out like adults.