What are the best strategies for handling unsatisfactory outcomes in mediation or arbitration sessions?

1 Accept the reality

The first step is to accept the reality of the outcome, whether it is binding or non-binding, and acknowledge your feelings about it. Denying or ignoring the result will not make it go away, and may only prolong your frustration and anger. Instead, try to understand why the mediator or arbitrator reached that decision, and what factors influenced their judgment. You may not agree with it, but you can respect it as a legitimate and impartial process.

2 Evaluate your options

The next step is to evaluate your options and decide whether you want to pursue any further action or not. Depending on the type of ADR, the nature of the dispute, and the terms of the agreement, you may have some recourse to challenge, appeal, or modify the outcome. However, you should also weigh the costs and benefits of doing so, such as the time, money, and energy involved, the likelihood of success, and the impact on your relationship with the other party and the organization.

3 Communicate constructively

The third step is to communicate constructively with the other party and the mediator or arbitrator, if necessary. You should express your concerns or dissatisfaction in a respectful and professional manner, without blaming, accusing, or insulting anyone. You should also listen to their perspective and try to understand their position and interests. You may find some common ground or room for compromise, or at least agree to disagree amicably. You should also thank them for their participation and cooperation in the ADR process.

4 Learn from the experience

The fourth step is to learn from the experience and use it as an opportunity for growth and improvement. You should reflect on what went well and what went wrong in the ADR process, and how you can apply the lessons learned to your future interactions and conflicts. You should also identify any areas that need further clarification, training, or support, and seek feedback or guidance from relevant sources. You should also recognize your strengths and achievements, and celebrate your efforts and contributions.

5 Move on positively

The final step is to move on positively and focus on the future, rather than dwelling on the past. You should accept that you cannot change the outcome, but you can control how you react to it and what you do next. You should also try to rebuild or maintain a positive and productive relationship with the other party and the organization, and avoid holding grudges or resentment. You should also look for new opportunities and challenges that can help you grow and thrive as an employee and a person.