I recently read an article about how mediation is growing in popularity. These statistics were taken before the pandemic so were unrelated to the current Court closures and other Covid related factors. The main reason given for the rise in popularity was the ability of the parties to maintain control of their case’s outcome.
Most of us want to feel in control of our circumstances. My wife is a Counselor and she has given me insight about each persons “circle of control”. As recent circumstances reveal, the best-laid plans can upend quickly! Things happen in life that are completely out of our control. With conflict resolution, those who have suffered a sudden and unexpected loss often have a greater need to be heard and exercise control.
If managed properly, the ADR experience allows people to resolve and move past unpleasant and often tragic occurrences using a process that treats the matter with dignity and respect. Mediation allows parties control over the outcome of their dispute and also allows them the ability to tell their story and to be heard.