Understanding the Benefits of Mediation
Some people who have no experience with mediation assume it’s similar to a trial or an arbitration—particularly regarding the use of evidence and witnesses.
Remember, in a trial or arbitration you and your attorney will need to present arguments, evidence, and witnesses to persuade the judge, jury, or arbitrators of your position. Evidence and witnesses are very important in those arenas to establish what happened. This demonstrates trials and arbitrations are focused on the past, on what happened, which is a major contrast to mediation.
That’s because mediation generally focuses on the future concerned with what the opposing parties do moving forward. They may never agree as to what happened in the past; they may never agree as to who, if anyone, is to blame, but they can agree on how to proceed once an agreement has been reached.
Unfortunately, some people come to mediation not understanding this critical difference. I’ve heard parties say “when the mediator sees my evidence they will agree with me.” Actually, that’s not the mediator’s role at all. Typically, mediators will encourage parties to share what evidence they have, but they’ll focus the discussion on how best to resolve the issue and move on.
I’ve had parties come to mediation clutching photographs and documents “to prove their case.” Others have brought witnesses to the session, again, treating the process like a court case.
Being able to “let go” of the past and focus on the future, as well as understanding what mediation offers compared to a legal setting, is a challenge for some people, but necesary to appreciate the benefits mediation offers to all involved.