Mediators get the job done.

By Mark Linnell

What is the big idea about mediation? I think the current narrative of it is cheaper than going to court and is quicker and preserves relationships which a court can’t do; and mediation can come up with a range of settlement options and is confidential which a court isn’t - is now well out of date and needs urgent change.

You may say they are true benefits to mediation. Probably the process but not the actual event. These benefits probably assist the justice system way more than the actual parties.

In fact, the point of difference of mediation over the justice system’s going to court, is the introduction of a skilled, and gifted individual to drive the process.

We all know that without someone sitting in the driver’s seat even the fastest or the most eco-friendly car still goes nowhere!

Why do the disputing parties, who pay the bills, want mediation? - To get the job done!

How do they achieve it? - They need and want a mediator they can afford who is highly skilled, innovative, knowledgeable, commercial, experienced, calm, and brave, who can communicate with humility and deference with those involved.

“I had rather have a skilled, neutral, negotiating mediator who knows what he is working for and loves what he knows, than that which you call a lawyer and is nothing else.” Forgive my interpretation of Oliver Cromwell’s famous saying on the introduction of the New Model Army in 1645. It is worth noting that the New Model Army was built on merit and achievement; it never lost a battle until it lost its sense of moral, political, and religious direction increasingly forgetful of the inspiring ideals that had launched it.

The effectiveness of a mediator is measured by getting the job done; and that depends on the impact of the mediator and the behaviour of the parties.

The parties are the ones who stand to gain from this process. It is the skill of the mediator that matters the most to achieving their satisfaction. In turn the parties must give their undertaking to the mediator that they hold the authority and will work in an honest and constructive way towards achieving a voluntary settlement. A voluntary, non-coercive and flexible process – the inspiring ideals of mediation.

Arranging a mediation and appointing a mediator and planning a strategy for the event is the action of at least two teams of people who intend to bring their matter to a conclusion as quickly and as completely as possible. Therefore, mediation is not suitable for every dispute.

It is not to help the court system reduces its log jam, nor should it result in a floppy agreement that is unenforceable that simply improves the settlement performance numbers.

How should we measure what getting the job done means? My experience tells me it is in customer satisfaction. This is because customers / clients stop buying professional services for several different reasons.

The main ones most likely being:
• Price.
• Sold something completely inappropriate that was not what they wanted or needed.
• Experienced a poor or indifferent service or an unhelpful attitude or bias.

If the mediation narrative doesn’t change then the opportunity for a voluntary, non-coercive and flexible process will simply remain a junior alternative to the justice system and maybe could even disappear when the log jam is dealt with.

But skilled neutral negotiators who are mediators will always be in demand, the ones who know what they work for, and love what they know.

(Additional information - Mark is the Chairman (volunteer) of The Naseby Battlefield Project where he is famed for his battlefield tours)