The A-Z of Mediation: Voluntariness

Of course, you can only build collaboration between those who actually want to collaborate. Mediation is a good faith process and parties are more likely to participate fully if they are there of their own volition. Similarly, if they are the ones to come up with the agreement, they’re also more likely to ‘put their shoulder behind it’ and make it work.

On the other hand, if they are forced or coerced into take part (by an employer in a workplace dispute, for example), they are more likely to resist and ‘act out’. Within the mediation, this could take the form of them not listening, interrupting the other party, or flat out refusing to take part.

As we all know, mediation is a highly-effective way of resolving disputes, but there are reasons as to why people may not want to take part. They may not wish to appear ‘weak’, they may be avoiding shame (having become so attached to the position they have taken up), or simply just because they are conflict-averse and don't want to face their 'enemy'.

Of course, there are ways in which participants can be encouraged to take part, the first being to educate them on what is involved in mediation. Very few people have gone through mediation and many people don’t know what’s actually involved: it can therefore be a scary thing to sign up to and take part in without more information.

And there will be consequences of not taking part too, which it may be worth highlighting to them. Perhaps the next step will be a formal process (a grievance, for example), something that could be even more stressful or frightening than what they are currently going through now! Or perhaps the situation will carry on as it is indefinitely, causing even more stress, worry, and bad feeling.

And, finally, it should be noted that mediation is in itself an opportunity. It is an opportunity to offload all of the thoughts and emotions that have come along with the conflict, to find out more about the other person and what makes them tick, and ultimately, to rebuild bridges so that they can have a better relationship.

Parties should always be encouraged to take advantage of what mediation can provide. Having said that, there will be times where we can conclude that mediation just isn’t the right thing for certain situations or for certain people, and that is absolutely fine.