How successful is mediation in reaching a resolution?
In classic mediation, where the parties voluntarily agree to mediate, comprehensive resolution is reached in about eight cases out of ten. Court-ordered mediation is less successful, but even then some specific issues may be resolved before heading into trial and can even prepare the way for resolving any issues that remain. The proper way to measure a mediation’s success isn’t if a full agreement was met as much as by how it improved all the parties’ understanding of the case and the opposing positions, and how well the ability to communicate the issues was increased. In many cases, the intangible elements gained through mediation are key to a later resolution and reducing the likelihood of future disputes.
