Role of the Mediator

How Do You Know When You Need a Mediator?

Negotiation is part of every human relationship and process, from getting the kids to bed to passing legislation. Many negotiations proceed to a high-quality conclusion without any intervention by third parties. However, there are circumstances that may indicate that a mediator could help the parties improve the quality of their deliberations and reach conclusions that are more satisfactory, less expensive or more likely to be implemented:

• When parties are having trouble starting a negotiation because:
  • There is a history of past conflict that creates distrust and prevents negotiation
  • Some parties are reluctant to come to the table
     
• To improve the quality of results that are likely to be achieved using the usual process
   
• When an impasse has been reached and mediation might allow the parties to keep a greater measure of control over the outcome
   
• When there are too many parties or too many issues to stay focused and move ahead in negotiations
   
• When litigation is likely to be costly and protracted
   
• When parties wish to clarify strategies and positions
   
• When parties want to preserve relationships that are threatened by difficult negotiations