Who Wins, Who Loses In Mediation?
In theory, no one loses; everyone wins. This does not mean that both sides come away from mediation automatically happy with the outcome. Each party must be comfortable enough to tell their story and assert their interests. The mediator facilitates and makes sure each party is heard, however it is each person’s responsibility to say what is on their mind. Mediation is without time constraints and can be conduct over several days or weeks. This provides each party time to think, reconfirm their interests and to explore solutions. Whatever is agreed upon is mutual and neither party is forced to agree anything which they do not want. However, common sense teaches use that closure is important and sometimes we must bend a little to get what we really need.
