Civil Engineering Reference
In-Depth Information
3.10.5
Mediation is all talk, no commitment
Of course, the fact that most mediations settle is sufficient counter to
this statement. Mediation
is
all talk, and the reason it succeeds is that
it reopens blocked lines of communication and gets the right people
to the table, seeking to understand each other's position and finding a
solution that meets their needs. Most disputes occur because of poor
communication. Mediation provides a flexible, unthreatening forum in
which to put that right. No matter how reluctant parties may be to
come to mediation, once there most people grab the opportunity that
mediation offers to obtain a settlement on terms they find acceptable.
They do sign a mediation agreement that states that parties come to
mediation in good faith (i.e. with an honest intent to try to achieve a
settlement) - although no one, least of all the mediator, can force a party
to mediate in good faith or to reach a settlement. Almost all do.
Chapter 3 in a nutshell
Introducing a neutral third party to negotiations gets better
deals.
Mediation is quick (usually one day) and cheap.
Settlements can go far beyond the limited outcomes that are
possible in litigation/arbitration/adjudication.
Mediation settlements are in the control of the parties and not
dependent on the whim of a third party.
Settlement brings finality. Parties can get on with wealth-
generation, not wasting valuable management time on pursu-
ing/defending a claim.
Mediation preserves/restores relationships.
Mediation restores common sense to the resolution of disputes.
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