MEDIATION UNDER TIME PRESSURE

 I was recently asked an interesting question with the ongoing health crisis top of mind. The question was whether mediation can be used in emergency situations, meaning can it be conducted in a short time frame?

The assumption seems to be that mediations take hours or even days. The short answer is they can be concluded in just a few minutes. In fact, mediations in Small Claims Courts throughout the country are often finalized in 15 minutes or so.

So, the next question to ask is how are time compressed mediations possible? In training programs for people learning mediation skills I stress the following factors:

First: As disagreements carry on and grow people often lose sight of their original objective for resolving the conflict. This is why I ask disputants at the beginning of a session to establish an objective for what they would like to accomplish. With a defined specific objective people are better able to have an acceptable outcome.

Second: Just as people lose sight of their original objective, they also neglect to consider what will happen if the matter is not resolved. Negotiations and mediators refer to this as “Worse Alternative To A Negotiated Agreement” or “WATNA” for short. When people are aware of the consequences for not settling, they are again better able to be successful in mediation.

Lastly: I’ve often said that if a mediation starts at 10:00am in one room and another room at 11:00am, it’s practically guaranteed that both will conclude by lunch. Why? Because we are all motivated by deadlines—from “Sale Ends Friday” to “…finishing a project before a holiday.” Deadlines can’t be arbitrary and they need to impact both parties, but when used by the mediator the deadline can be a very strong motivator to help parties agreeably end a dispute.

For example in many a Small Claims Court, the mediator helps individuals establish an objective (“What would you like to see happen today?”), helps individuals understand the consequences of not settling (“If you are not able to reach an agreement, the judge will decide for you.”) and finally make it clear to the parties that in the court setting there is a limited time for the mediation.

Of course, many conflicts have complex or multiple issues and/or multiple parties which simply will require hours and even days of work, but many disputes can be resolved successfully within a small window of time.