Why Use Mediation? – A Hertfordshire Mediator Explains

Why Talking Works Better Than Fighting and Why Mediation is So Successful.

The best outcomes for people involved in disputes can, of course, be decided by a Judge. I have huge respect for Judges and our judicial system. However, Judges have options prescribed by the law and rules, from which they determine the answer that, in their judgment, is the one supported by the law and the facts as they find them.

Having been involved in that process thousands of times, the ‘right’ outcome is not guaranteed. In some cases, the parties receive a judgment that neither is happy with. I know that Court proceedings are costly, frustrating and stressful. There is also a factor that clients need to be aware of, which has a value attached to it by lawyers; that of ‘litigation risk’.

A Judge’s decision could also be appealed and the process continues until that is decided, prolonging the disagreement, delaying enforcement and increasing costs.

Mediation outcomes are obviously not guaranteed either but one has far more control over the process and the outcome. An independent mediator provides a unique service, reducing friction, stress, delay and the sense of conflict. Accredited, qualified mediators follow their own process and can deal with matters remotely, virtually or in person. Mediation is increasingly considered the best option for people in more cases than ever before by the Courts themselves. Experienced mediators operate within a clear professional framework. They will refer to guidance for all involved by reference to clear Protocols, the Code of Conduct of the Civil Mediation Council and The Jackson ADR Handbook which Barristers are partly examined on in their Bar Course exams – I know this because I draft the exam questions.

Courts and tribunals can only order what the law allows and normally require parties to attend in person as well as having formal paperwork organised according to procedural rules. They cannot order an apology, a change in behaviour, a practical arrangement that works for both sides, or a relationship preserved. They can only impose a legal remedy — which may satisfy neither party and often leaves everyone feeling worse than before.

In my experience, the disputes that cause lasting damage are not the ones where people disagree. Disagreement is natural and healthy. The damage comes when people stop communicating altogether — when positions harden, assumptions multiply, and what started as a misunderstanding becomes an entrenched conflict.

Mediation works because it gives people a structured, confidential space to say what they actually need and want to convey — and to hear what the other side actually needs and wants to achieve. More often than not, those needs are not as incompatible as they seemed.

If you are asking why use mediation, the answer is simple — it gives you control. An independent mediator works with you to facilitate communication and positive progress to help you reach your own resolution. The agreement reached in mediation is one that both parties have chosen. That makes it far more likely to hold and represents a realistic outcome that has been intelligently resolved by the people involved. Whether the dispute is at work, between neighbours, with someone you believe you can claim against, or in a commercial or business relationship — if you or your client feel or the Court considers that mediation could help, get in touch for a free initial conversation.