What if we can't come to an agreement?
25/10/16 23:03
Then you’ll have to try something else.
“You can lead a horse to water, but you can’t make him drink”.
“You can lead parties to mediation, but you can’t make them agree.”
I am pleased that most of my mediations have resulted in lasting agreements between the parties. That outcome cannot be guaranteed, though. If it appears (to either or both of the parties, or to me), that a mediated settlement is not feasible, then the mediation process will conclude without any agreement. In that case, the parties will have to consider alternatives. Those alternative processes can include arbitration, negotiation, or court. Sometimes, people just aren’t ready for mediation, and in those cases it could be helpful to adjourn the mediation process for a while (perhaps weeks or months), and later decide if mediation is worth another try.
“You can lead parties to mediation, but you can’t make them agree.”
I am pleased that most of my mediations have resulted in lasting agreements between the parties. That outcome cannot be guaranteed, though. If it appears (to either or both of the parties, or to me), that a mediated settlement is not feasible, then the mediation process will conclude without any agreement. In that case, the parties will have to consider alternatives. Those alternative processes can include arbitration, negotiation, or court. Sometimes, people just aren’t ready for mediation, and in those cases it could be helpful to adjourn the mediation process for a while (perhaps weeks or months), and later decide if mediation is worth another try.