Some conflicts feel like there is no solution, and other feel like they should be easy to solve on your own. Deciding whether to devote time and money to a mediation is not always easy, and it isn’t always clear mediation will work.
Here are 9 circumstances when you should really consider getting a qualified neutral involved to help:
You can’t stand dealing with your negotiation partner, but you have to.
We have all run into people we just can’t seem to get along with, but circumstances sometimes force us into contact. Mediation can help by establishing rules (or even physical barriers) to help you get along well enough to get a deal. If you don’t want to talk to your negotiation partner, the mediator can do it for you.
You really like your negotiation partner, but you are worried negotiating will ruin the relationship.
Bargaining can be a challenge for even good relationships. Mediators can help preserve working relationships by creating mutually agreed upon parameters for negotiating.
You are in a lawsuit and you just can’t get a trial date.
Whether the delay is endless discovery, a pandemic, appeals, or busy courts, mediation gives you control to resolve the dispute now.
You are in a lawsuit and just can’t understand why the other side is so confident in their case.
Maybe you think they are bonkers. Some people are bonkers, but a feeling that the other side is irrational is usually due to an information gap. Mediation can help illuminate the hidden information that could change your assessment of your risks and benefits. And the information shared is protected by confidentiality rules.
Your lawsuit just started, but you and your adversary both have a good understanding of the risks and benefits.
Sometimes you just know what you need to know, and spending lots of money on exchanging the information you already know doesn’t make sense.
You aren’t in a lawsuit, and don’t want to spend money on lawyers.
In the right circumstances, an early mediation can save a lot of money. Even if you don’t have a lawyer to give you legal advice, you should be able to find a mediator with knowledge and tools to help you understand your legal standing. Many mediators have their own areas of expertise that allow them to offer their own insights. Or, they can put you in contact with subject-matter experts to help.
Your dispute has to be resolved quickly, but you and your negotiating partner just can’t seem to close the gap.
A relatively short time with a mediator can help bridge gaps, and may be faster than calling in the lawyers. Mediators can help brainstorm and evaluate lots of ideas without spending weeks exchanging emails, playing phone tag, and losing sleep.
You have a working relationship and appear to be able to work out the dispute, but same dispute keeps arising.
Recurring disputes are often the result of one party recognizing they made a bad bargain or never bought into the agreement. Mediators can help find common ground that both sides can buy into.
A judge makes you do it.
There are other circumstances when mediation may help, but 9 feels like such a nice non-round number for a list.
If you are wondering if it is right for you or want to schedule a mediation, I’m happy to help.
Jeremy Seeley is an attorney practicing in civil litigation, including mediation, at Plant, Christensen & Kanell. Visit his mediator profile at Utah ADR Services.
**Disclaimer: this blog post does not constitute legal advice specific to you or your situation, and is not intended to form an attorney-client relationship.
