A few months ago I got invited to a live radio broadcast “Mediation as a way to conciliation”. When the anchor called me back in December 2019 I was thrilled! An inspiring topic I had long dreamt to cover.
We went on air two weeks ago. It was great! I am grateful to the listeners who stayed with us despite late hour and to those of you who did call on the phone and shared their stories.
However, it wasn’t until we finished that it occurred to me that the audience might not be fully familiar with the benefits of mediation. Hence my article …
Out of guilt.
If you are involved in a conflict, what are going to be your benefits if you go to mediation instead of going to court?
They are so many that we’d better start. So with no further ado …
In court you have no influence on judge’s decision. In mediation not only do you get to decide on the content of your meeting, but also on the issues you will tackle and on the very order of doing so! But more importantly, in mediation you and the other party get to decide what the final resolution will be! That’s something you will never get in court…
Lawsuit follows a strict procedure and most people don’t know how to proceed or what to do. Mediation is a de-formalized procedure with just a few simple and intuitive rules to follow.
Hearings take place in court. Courtroom alone can be very a stressful place to most people. Mediation takes place out of court in a neutral location or … online.
How does it really impact the whole process ? In court the parties don’t get a chance to express their feelings. There is room for it in mediation. That is why mediation works as a detox for the whole relationship.
Unlike mediation, lawsuit makes the parties more and more distant and conflicted as the time goes by. In mediation trust is gradually restored even if the level of trust was very low at the beginning.
Lawsuit can take years and finish with two parties feeling that they lost. Mediation takes between 3 and 8 meetings. Both parties feel great because they co-author their final agreement. It is a win-win situation.
Lawsuits are costly and the outcome is far from sure. That’s why so many people fear a lawsuit and rightly so.
Mediation is short and even is the cost of a session may seem high, total cost of mediation is a fraction of lawsuit-related costs.
But what if you need a court decision?
I have good news. Mediation agreement approved by the court has the legal value of a court decision. So you don’t really need to go to court to get a legally binding document. You can end the dispute in mediation – quickly and at no cost compared to a lawsuit, without going to court at all!
What if have been sued and are in court already?
First al all, don’t despair. You can request the judge to refer the case to mediation or you can start mediation on your own, between the hearings.
If you are interested by any of these options or you are wondering if your case can be mediated – write to me!
Talk to you soon!
Your personal communication expert AND
P.S. If you want to listen to the broadcast “Mediation as a way to conciliation” (available only in Polish), you will find it here: