It’s not unusual for a mediation to feel like it’s going nowhere before it finally gets somewhere.
Moments may come up during mediation when it feels like progress has stalled, or like it’s never really getting off the ground. One or both sides begin to doubt whether there’s still an opportunity for resolution. Those participating may be checking the time. There may be talk of going home soon.
I’ve had mediations where the first several moves felt like a futile exercise. Everyone was participating, but no one was really moving. The positions were firm, and the parties were still too far apart to see any real momentum.
Then, something shifts.
The communication starts to open up. The parties begin to make noticeable moves. That’s what I refer to as the moves getting traction.
From there, progress follows. And oftentimes, we get to resolution.
I don’t know the official statistics, but in my experience, more cases get settled at mediation than don’t, which is why I believe mediation continues to be such a reliable tool for resolution.
This happens because we keep working. Mediation is a team effort. It’s the result of staying engaged, staying patient, and trusting the process, even when it feels like it isn’t working.
So if you’re in a mediation and it feels like it’s stalling, don’t feel compelled to pack up too soon. You might be closer than you think.
Mediation works, even when it doesn’t feel like it. Stick with it.
Tommy Santel is a co-founding partner of Santel | Garner. Tommy is a former government prosecutor. He is a Tennessee Supreme Court Rule 31 General Civil Mediator and his practice areas include criminal defense and civil litigation.
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