Individuals facing a significant dispute may not be able to resolve the matter on their own. Whenever they try to discuss the issue, the conversation may rapidly devolve into a loud argument. Differing perspectives, perceived offenses and an assortment of other issues can prevent people from resolving a conflict amicably on their own.
Those preparing for divorce and others in potentially high-conflict situations may recognize that they need assistance resolving their disagreements. They might decide to sit down with a mediator to try to settle the dispute as amicably as possible. Mediators are neutral third parties with training in conflict resolution and the law.
How can mediators support those hoping to amicably resolve an ongoing dispute?
By facilitating calm communication
People who can’t discuss an issue without arguing are unlikely to find workable solutions once their emotions spiral out of control. They may need help conversing about the issue calmly. Mediators give each person an opportunity to explain their perspective and expectations. A structured conversation is less likely to devolve into an emotional argument. Additionally, mediators can ask questions that can provide both parties with insight into how the other views the situation and how they might be able to resolve their disagreement by cooperating with one another.
By helping people compromise
Mediation typically requires that both parties make certain concessions to reach a mutually-agreeable solution. For example, in a property division dispute related to the marital home of divorcing spouses, there may be disagreements about what the home is worth, how to share equity or who should stay in the home after the divorce. Mediators can help pave the way to an effective compromise. They can suggest a variety of different ways that either party can compromise. Their suggestions help spur the creativity of the people involved in the conflict. They may start considering alternative solutions and working toward a cooperative resolution.
By providing space to explore
Mediation is a calm environment where people can talk about personal matters privately. They can also feel confident about their safety, as there are multiple other people present in the mediation session. Lengthy discussions that allow people to explore details without their disclosures causing permanent damage can make it easier for people to see each other’s perspectives and resolve their disagreements. In some cases, multiple mediation sessions may be necessary for those hoping to resolve a significant conflict to reach an agreement.
Proposing mediation as an alternative to litigation could help people preserve a healthy relationship and push for a better outcome. People who can work together to resolve disputes often feel more satisfied than those who hand control over to a judge.