California Mediators: Mediation Misconceptions

For many Americans, the most familiar form of conflict resolution is a lengthy courtroom trial that takes place in the movies or on TV. For this reason, there is sometimes a bit of misunderstanding when it comes to an alternative form of conflict resolution—mediation. We’ve listed some of the most common mediation misconceptions, along with some information you can use to help get your matter solved as quickly and easily as possible.

If I enter into a mediation, I may be forced into a decision I am uncomfortable with.

Just like with other conflict resolution methods, the purpose of mediation is quite straightforward—all parties involved want to solve a problem! However, when you enter into a mediation you do not waive the right to disagree to a settlement. Unlike in the courtroom, in a mediation you are never forced to agree to anything or sacrifice your beliefs. If an agreement can’t be reached, you and the involved parties can seek out another form of conflict resolution.

What I do during mediation can be used against me.

One of the most important aspects of mediation is that specific dealings and actions that take placed during mediation won’t be held against you later on… and in some cases, that confidentiality is even protected by law. That means that, even if you were referred to mediation by a boss, for instance, your boss has no right to hear about what went on during the mediation itself. The process is specifically geared to keep participants safe and secure from outside intervention.

Mediation is costly and/or time-consuming.

Quite the opposite, actually! Your mediation can come to a successful resolution in a matter of hours from start to finish—bringing your company problem to court, however, can last you the entire length of an entire trial, which may extend over the course of weeks or months. Get back on your feet faster than that with a mediation instead!

When it comes to cost, know that mediation often costs less than taking your issue to court—but pricing depends on your individual case and needs. Weigh the costs—both in actual funds and, of course, your time—of each method of conflict resolution, because we understand that cost is an important factor in many clients’ final decisions. You may find that you save more than just money when you enter into mediation; you can also prevent lost time at work.

I might lose.

In a mediation, you don’t have to spend your time trying to convince the mediator why you’re right and the other party is wrong. Following the same line of thinking, the resolution you come to at the end of the day won’t be a right or wrong, win or lose settlement. Rather, your mediator will work with you and everyone involved to listen to the facts, concerns and possible ideas for a solution… and then come up with a final settlement that satisfies all involved as well as it possibly can. This way, no party should walk away feeling like they lost their time, money or stake in the situation.

Before making any final decision about entering into a mediation, why not speak with us directly? Contact us today to learn how we can help you!