By: Donald C. Turner
If a mediation is to result in the final resolution of a dispute the parties need to understand that it may take significant time to achieve such an outcome. This is so because the mediation will first require that time be spent on permitting each party to state its position and then spending the time necessary to explore various means to reach resolution. A successful mediation, particularly those involving complex issues and/ or multiple parties, will often require multiple sessions to achieve a resolution. The parties need to understand this before the mediation starts so that they do not become frustrated with the process and abandon it before it has a chance to succeed.
If a mediation is to be successful adequate time must be given to allow the process to work, taking into account the complexity of the issues, the number of parties, and the disparity of the parties’ positions at the commencement of the mediation.