Civil Engineering Reference
In-Depth Information
party, and that's it. The party no longer has control of the matter and
both time and money disappear with increasing rapidity. By then many
parties wish that they had never started the action and just want to put
an end to it. So many mediations settle because parties want closure, to
put an end to the time and emotion and the grind of being in conflict. No
one can foretell the demand disputes make on management/personal
time, where people have to defend an action (or their position in taking
action) rather than spend their time on creating wealth and enjoying the
fruits of their labours.
Mediation provides the opportunity for parties to end disputes with
dignity. A good mediator will help parties move from entrenched po-
sitions to ones of flexibility where loss of face is avoided and dignity
preserved. Deals can be done that parties can live with, knowing that
tomorrow brings the opportunity to look to the future rather than still be
immersed in the past. For the claiming party the only other way to step
off the treadmill is to abandon the case and risk a costs claim from the
other side. The defending party cannot even do that. Mediation gives
the control back to the parties and allows them to decide the outcome.
3.7
Ongoing relationships
In total contrast to other forms of dispute resolution, mediation offers
the opportunity for broken relationships to start being restored and for
ongoing relationships to be strengthened. It does not happen in every
case; indeed sometimes the parties never want to see each other again.
But we live in a small world and paths frequently cross, so achieving
an amicable solution to a dispute can also be an investment in the fu-
ture. Sometimes an ongoing relationship is essential, whether because
the area of dispute is in a close community (e.g. specialised technol-
ogy) or because separation is not an option (e.g. workplace/boardroom
dispute). One thing is certain: almost always the disputing parties are
pleased (or at least relieved) that the dispute is over and are prepared to
talk to each other again. Indeed, the vast majority of my mediations end
with the parties having a drink together and some even result in discus-
sions about further business. None of that happens if the case goes to
court (or arbitration or adjudication) where the animosity will be fuelled
by there being an outright winner/loser (quite apart from the fact that
few parties ever want to repeat the experience). Of course, a pleased
client from a successful mediation is likely to return to the lawyer that
enabled that success, ensuring an ongoing relationship between client
and advisor as well.
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