Why Is Mediation The Best Kept Secret?

Robert Rock
Accessible Alternative Dispute Resolution
3 min readSep 23, 2022

A Mediator’s role is to help people communicate through conflict, find resolutions to problems and actively participate in decisions.

Mediation is a fair, safe and balanced process that ensures everyone has a voice. It’s less costly than the legal process and much more efficient in most cases.

Yet I still wonder daily why mediation is not as commonplace as counselling or lawyers. People in conflict tend to call a counsellor (to deal with the emotional side) or a lawyer (to deal with the legal side). A mediator helps deal with the practical side of the conflict, often where the most significant problems occur.

I know many people who end up in court because they don’t know they have any other options. Nowadays, with information so readily available online, why is the general public not aware of the less costly options for resolving disputes?

I know that some of the reasons are:

  • Mediators do not do an excellent job of marketing and creating awareness
  • Many lawyers are not supportive and not informing their clients of mediation as an option
  • People are fearful of conflict and prefer other people to manage it or avoid it altogether
  • People are mistaken about what mediation is

Why not look into all of your options? Mediation is worth a shot; you always have the legal process to fall back on.

What is the worst that can happen? You don’t resolve issues through mediation but find out what the other person’s position is to better prepare for the legal process.

What is the best that can happen? You resolve your conflict by developing solutions that best meet YOUR family’s unique situations and requirements instead of having a judge make decisions for you.

Mediated agreements related to family issues have a very high degree of compliance because they are specific to your family’s needs, and the family actively participates in making decisions and creating agreeable solutions.

No, mediation is not for everyone. Domestic violence situations or severe power imbalances may be more suited to the legal process. Also, it may be an excellent solution for you, but the other party may not be interested.

People have often spoken to lawyers who told them mediation wouldn’t be appropriate for them because they were too far apart in their positions. Perhaps these lawyers don’t understand what mediation is. If the clients agreed, then they wouldn’t need a mediator in the first place. Mediators should partner with lawyers to explain the value they can bring to their clients.

Amediator, helps you find the best solution for your family. That means informing you of your options and ensuring you have the right support team, from lawyers to real estate agents, to mortgage brokers and counsellors. There is no one-size-fits-all solution, and you should expect the best service from any option you select.

Accessing great local professionals to help you through your conflict situation is something that a mediator can bring to the table. They provide referrals to lawyers, counsellors and other professionals as they see fit and when it makes sense for their clients. A mediator helps people make informed decisions, from what process would work best for them, which lawyers would best meet their needs or how to create great solutions for their families.

Many of us have friends, family members and clients that could benefit from mediation. Please help spread the word that there is a more cost-effective, efficient, timely and less stressful resolution…Family Mediation.

Mediation should not be the best-kept secret!

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