Understanding What Mediation Is Not: Dispelling 6 Common Myths

Mediation is a well-regarded method for resolving conflicts outside of traditional processes, such as the legal system. However, it’s important to understand the limitations of mediation because it may not always be the right option for you. Understanding the role of mediation can help you decide if mediation is right for you and approach the process with realistic expectations. This article clears up some common misunderstandings and gives you a clear look at what mediation is NOT.

1. Mediation Is Not Arbitration or Litigation

Unlike arbitration and litigation, mediation does not involve a third party (such as a judge or arbitrator) who makes a binding decision on the dispute. Mediation is a voluntary and confidential* process conducted outside of a courtroom. Mediation does not follow formal proceedings, strict rules of evidence, or procedures. Instead, the mediator facilitates dialogue between the parties to help them reach their own agreement. 

*Confidentiality may mean different things to different people. For more information on my approach to confidentiality, please read this blog post: Why I Don't Promise Confidentiality In Mediation  

2. Mediation Is Not Counseling or Therapy

While mediators may touch on underlying interests and emotions, mediation is not counseling or therapy. The primary objective of mediation is to resolve specific disputes and reach mutually acceptable agreements. Mediation is future focused, so it will not delve into your past psychological issues or address broader emotional concerns beyond the topic of the dispute.

3. Mediation Is Not a Substitute for Legal Advice

Mediation is not a replacement for legal advice. Mediators are not legal representatives and do not provide legal counsel. Parties are encouraged to seek independent legal advice to understand their rights and obligations. 

4. Mediation Is Not Advocacy

Mediators strive to maintain neutrality and do not take sides or advocate for any party's interests. Mediators facilitate a balanced conversation without representing or favoring one party over the other.  

5. Mediation Does Not Guarantee Resolution

Mediation does not guarantee a resolution. Since it is a voluntary process, there is no assurance that parties will reach an agreement. Parties can choose to end mediation at any time without resolving the dispute. Parties also may feel that the matter is resolved without entering into an agreement, or they may choose to only enter into a partial agreement. 

6. Mediation Does Not Require Resolution

Simply participating in mediation does not create any obligation for any party, nor does it terminate any party’s rights to pursue other conflict resolution strategies. The outcome is only binding if the parties voluntarily agree to enter into an agreement. 

Understanding these distinctions can help you approach mediation with the right expectations and better appreciate its unique role in conflict resolution!