Mediation - A Process of Assisted Negotiation

By Ehsan Ali and Alnoor Maherali

Mediation is often seen in the news or heard among friends and family for the good it has done in specific situations. Persistent conflicts that many thought were destined for the courtroom or worse were resolved - quickly and with minimum fuss. However, because mediation is private and confidential, people looking for a better path to dealing with a situation can be left wondering how mediation works and how it compares to their other options.

There are a range of available options when considering how to deal with a dispute or conflict (also known as the Alternative Dispute Resolution Spectrum). At one end, there is the traditional lengthy and expensive courtroom process and at the other end is direct negotiation. And along the spectrum control is sacrificed for greater third party involvement. In a negotiation, you have the greatest control because there are no third parties involved. And in court, you have the least control as the judge or jury will make the final decision.

Considered this way, mediation can be thought of as ‘negotiation plus’ or ‘assisted negotiation.’ In mediation, you and the other side consider how you want to move forward - just like a negotiation. And you still get to voice your sense of what a fair and just outcome is. However, there is a neutral third party who makes the difficult parts of the negotiation easier. Perhaps there is a lack of trust between you or you feel you can’t get a word in. Or maybe you’ve tried to voice your concerns many times but felt stymied or left in disbelief when conflict erupted seemingly out of nowhere. Mediation is perfect for situations in which you want to make the final decision but could use some help in keeping the conversation productive and balanced.

A trained mediator, like those at Venn Mediation, can get the full story out of what you both want in any final agreement and we help consider whether there are ideas on the table that could create value. And Venn Mediation’s facilitative process means you maintain control over the final outcome. You might be surprised at the variety of situations in which mediation has worked wonders. But what all of our successful mediations have in common is that the parties recognized that they didn’t have to sacrifice their autonomy or control of the final outcome in order to resolve their conflict, deal with the interpersonal dynamic, or correct for a power imbalance. They opted for mediation as assisted negotiation and walked away with deals and agreements that truly worked for them.

If you or anyone you know is stuck in a disagreement or conflict, contact Venn Mediation. We are based in New York but are experts in online mediation and can work with people anywhere. Disputes can be difficult, but dispute resolution doesn’t have to be. We make tough negotiations easier and we would love to help.

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