If mediation is so great, why don’t more people do it?

Many people struggle with the idea of going to mediation and take a lot of persuading to make that first step of contacting a mediator, or asking their lawyer to. After all, they’ve probably invested lots of time, energy and money into the case, so the notion of a process which inevitably involves compromise is a difficult one. Yet, in the cold light of day, it’s usually better than the alternative of long delays, more cost and the uncertainty and stress of a trial.

Once the commitment to mediate has been made by both sides, things tend to move quickly, as unlike courts, mediators can generally be booked within a matter of weeks. At this stage, or during the mediation itself, the parties can see the light at the end of the tunnel, as the prospect of closure comes into view. They will have the chance to evaluate what the case really means to them, and weigh up the relief that finality would bring, against the compromise it would take to achieve that.

Not everyone chooses to compromise, but most do and it’s very rare that they express regret afterwards.