Mediation is an aim to provide an amicable resolution to disputes. When this doesn’t happen, however, what is the next step? Despair and confusion can be common emotions, considering professionals go into mediations with a firm belief of finding a settlement. The scenario is not too different than being a lifelong New York Jets and New York Knicks fan, with every new season instilling a sense of hope that dissipates when outcomes don’t match expectations.
As a mediator working with NAM (National Arbitration and Mediation), my optimism is a critical part of the process. But optimism alone isn’t an antidote to failed mediations. So, what should be the course of action if your mediation doesn’t resolve?
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Persist in hope: just like in any sporting season where one defeat doesn’t necessarily mean an end to the entire season, do not let a failed mediation deter you. Consider it as part of the process, and continue pressing for a resolution.
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Review your strategy: It might be a good time to rethink your approach to the dispute. What factors led to the failure of the mediation? Analyzing this can provide new insights.
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Consider alternative options: If mediation hasn’t worked, you might consider other resolution methods, such as arbitration. Each method has its strengths and weaknesses. Choosing the right method can often depend on the specific circumstances surrounding the dispute.
Irrespective of the occasional disillusionment that accompanies a failed mediation, continuing the pursuit of resolution can lead to eventual success. As in sports, it’s not always about immediate victory, but the enduring spirit of the game that ultimately defines a winner.
For a deeper insight into this topic, you can follow the article “Your Mediation Didn’t Resolve. What’s Next?” by NAM. It provides an in-depth look into strategies you can follow if your recent mediation didn’t resolve as expected.