Information for Professsional Advisers
Professionals know that it is often in their clients' best interests to use mediation to resolve disputes. They are aware that mediation will most likely bring the dispute to an end and that this will be achieved at less cost, and with more certainty, than going to a Court or arbitration. These outcomes are desired and in themselves justify the choice of mediation.
Missed Opportunities
However, what is often missed is that mediation can be used to significantly promote a client's satisfaction level by addressing some of the negative consequences of dispute resolution.
For example, a consequence of litigation is that clients often feel that they are part of a process that they cannot control and that does not focus on them. This is restored to some degree by the standard mediation model, but there are real opportunities to improve on this.
In a standard mediation the lawyer or other professional will have all initial contact with the clients, who will usually meet the mediator for the first time on the day of the mediation meeting. The assumption will be that this one meeting on this one day is the final chance for the client to negotiate a settlement before facing the rigours of Court or arbitration. Settlements will often be achieved at a late hour and under pressure. In these circumstances, like going to Court, the result may be desired by the client but the process itself may be damaging to them and they may feel dissatisfied with it.
Client Centered Mediation
In client centred mediation a key difference is that the client's satisfaction remains a central focus at all times. The process is designed to give the client the best possible experience, even though they are in a difficult situation.
This starts with the mediator's contact being directly with the client. There are preliminary meetings where the client meets with the mediator without the other side present and where the focus in solely on them. The group meetings are structured to fit the parties, rather than requiring them to fit an already defined process. One meeting may be enough but sometimes two or more shorter meetings might be preferred.
Group meetings don't need to be long and arduous. Clients are encouraged and enabled to take control of their dispute themselves as much as possible. Professional advisers are usually involved to advise the parties, and are vital in this capacity, but need not be present on all occasions. The mediator focuses on the needs of the clients and how they are experiencing the process, as well as on achieving agreement.
Client Satisfaction
The result is that, in addition to mediation providing a settlement, the clients come away having had a more positive experience. This increased satisfaction is then reflected positively in the professional / client relationship and, as we know, successful practices have client satisfaction at the center of whatever they do. Mediation need not be any different.