But mediation encourages people to start talking about the real reasons for a dispute and usually leads to a constructive discussion, he says. Lawyers and clients alike are starting to view the mediation alternative more positively, he adds. Mediation can effectively eliminate examinations for discovery, which cost thousands of dollars and take several days to conduct. Such figures make a compelling case for mediation. Most mediators have good success rates because people who come to the table are usually committed to the process, Mr. Leach adds.
Mediators permit venting and get people to address the real issues.
As a result, participants are usually satisfied with the result and are less likely to feel they've been forced into an unsatisfactory compromise because of financial pressures than they would be in a court situation. Timing is critical. If so, even extremely bitter situations can be mediated successfully. Failures usually result from a lack of preparation, misguided expectations or an unwillingness to compromise. One reason for the success, he says, is that participants never surrender control of the decision-making process.