Why Mediation Works

Increasingly couples are turning towards mediation. It is faster, less expensive and more consensual. The truth of the matter is that most cases settle before trial, often at the courtroom door. This is after months, perhaps years of legal battles, costs and massive amounts of emotional pain.

Interest-based mediation works for many reasons, among which are the following:

  • The process in mediation is collaborative rather than confrontational.
  • Mediation acknowledges and values all human needs.
  • Mediation does not rely on memory or credibility.
  • Mediation allows the parties to decide the outcome.
  • Mediation encourages creative remedies.
  • Mediation is future-oriented, as opposed to law which tries to resolve what happened in the past.
  • Mediation surfaces hidden agendas.
  • Mediation lets quiet people speak and talkative people be quiet.
  • Mediation encourages the parties to actually tell the whole truth, including the subjective and emotional truth.
  • Mediation connects parties through empathy.

  • Mediation permits the mediators to model useful behaviour and techniques for avoiding future conflicts.
  • Mediation allows both sides to win.
  • In mediation, the focus is shifted from people to positions and from positions to interests.
  • Mediation reveals the parties’ deeper motivations.
  • Mediation allows for constructive feedback without the appearance of judgement.
  • Mediation empowers both sides to say no.
  • Mediation lets the parties compromise and save face.