Sometimes, one person involved in a conflict is not willing to ‘play’. Persuading that party to try the process can be the most difficult part of a mediator’s role. The most common concern is usually around whether an agreement reached will stick or will the dispute end up in court anyway.

Statistically, agreements made on terms devised by the parties are complied with more and there are less breaches. Ultimately, the uncertain party needs to decide whether or not they wish to play the short, informal game or the long, expensive, stressful one.

Mediate don’t litigate!