There are quite a few angry people out there right now, and as a mediator, we see them too! In several of my recent mediations, counsel has called to let me know that their client can’t be in the same room with the other side to work through their case. They weren’t optimistic that we could get the dispute settled based on how angry their client was with the opposing side. They agreed to mediation, but really thought it was a waste of time, and were looking ahead to trial already.
Arguably, mediation is a much better solution to a dispute than litigation when you’re dealing with emotions like anger, frustration, disappointment, and even those emotions we are less comfortable facing like jealousy and resentment. Mediation provides a mechanism for litigants to resolve conflict through a neutral third party who listens to each side’s position and interest, and then creatively and effectively works with the parties to come to a mutually agreeable position. It is not an opportunity for one side to win, if winning is defined as one side takes all. Rather, it is an opportunity for the parties to retain control over their own dispute, with both sides ending the day free from the emotions they started with and experiencing relief that they can return to their other projects. And, isn’t control what we all seek when we face extreme emotions like anger and frustration?
I’m going to toot my own horn here and say that I’ve helped settle a few of those “it’s going to be a waste of time to mediate” cases. The parties went home relieved, knowing they could move on with their lives and focus on the work that was important to them.
Give mediation a try in your hard-to-settle cases and give your clients the control they need to resolve their own dispute.
Ready to mediate your case? Contact me and reserve a date.