“History is an epic tale of missed opportunity”- Graydon Carter
The final question is this ;
Q 11 If you are not able to reach a successful outcome in mediation, what will this mean for you?
The chances are that at some point or at various points during mediation you may feel that you are not getting anywhere or making as much progress as you would like and may well feel like giving up.
This question is designed to build your commitment to mediation, focusing on the ‘stick’ (negative motivation) rather than the ‘carrot’ (positive motivation) in this instance.
In a sense, it reminds you to think about the unpalatable alternative options to mediation such as court, and the implications for you and your ongoing relationships as well as your pockets in terms of the legal costs involved.
Having said this, mediators always prefer their clients to focus on the positive benefits and value of mediation rather than the negative consequences of failure.
However, many people are equally, if not more motivated by the desire to avoid court and avoid spending many thousands of pounds on lawyers, especially to start with and this is certainly not a bad thing.
Whatever it takes to keep everyone committed to open constructive solution focussed dialogue!
So, if the mediator is giving you hope and believes that there are still benefits to mediation, believe in them and their experience . It is not over until it is over.
Let’s face it, what is a few more hours of committed and intense dialogue in mediation, however difficult, compared with the many months of court proceedings and many £1000’s in legal costs?
Well, that brings us to the end of the pre-mediation questionnaire.
Please take your time completing this questionnaire and discussing it with your mediator so that you and they feel well prepared to work together, to meet the challenges of mediation and achieve the things of most importance to you all.
Good luck.