But Is Your Case Really Ready for Mediation (Part III)

In this third of three posts, we continue our look at the ADR Suitability Guide published by the  International Institute  for Conflict Prevention & Resolution.  Its third factor examines the potential benefits of mediation for the dispute in question.

 Would mediation benefit the parties by:

·         Helping them clarify the issues in dispute?

·         Helping them to channel or control anger or other negative emotions?

·         Giving one or both sides an opportunity to “get it off their chest” and tell their stories?

·         Providing an opportunity for an apology?

·         Providing them with a reality check from a knowledgeable intermediary?

·         Providing a confidential setting in which to explore each other’s interests and needs?

·         Helping them explore the possibility  for creative solutions?

·         Helping to educate the decision makers on either side?

·         Providing an intermediary who could make offers and counteroffers more acceptable by presenting them as his/her own ideas?

·         Providing an intermediary who can re frame proposals?

 Some may derisively say that these 10 questions are touchy-feely and not truly relevant to resolving disputes between adversaries.  But those who say that fail to comprehend that there are touchy-feely aspects to just about any conflict.  Emotions color how all of us perceive.  In disputes – even “purely” business disputes which are, of course, never “purely” business  -- people have emotions.  To fail to recognize these emotions practically guarantees failure of the mediation process.  In cases where emotions run high, it is imperative to get a handle on these emotions as quickly as possible so that the parties can come together in resolution.