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By Allan Stitt

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As they are forced to implement the decision, they may resist and attempt to undermine a decision that they believe is unfair. In mediation, the disputants have ownership in the decision and the issue is resolved only if both (or all) of the disputants agree. If the disputants have ownership in the decision, they are more likely to implement it. Mediation leaves decision-making in the hands of the disputants, making successful implementation of the agreement more likely. 16 Learn more For lawyers who do not believe in the appropriateness of mediation, who believe it is only an obstacle to getting to court, there is a purely pragmatic reason to mediate and it has nothing to do with settlement.

People do not have access to a judge every time they have a dispute, no matter how small. It is a process of last resort. In mediation, the disputants not only resolve their conflict, they go through a process that they can use to solve disputes that may arise in the future, either with respect to the implementation of the agreement or in another context. If future disputes arise, the disputants will have a better understanding of how they can communicate in a way that will allow them to resolve their new conflict amicably.

The better your BATNA, the better the negotiated agreement must be for you to accept it. Going back to our house, once we had decided that our BATNA was buying the house with the smaller garden, we attempted to improve our BATNA. We met the agent who was selling the house with the smaller garden and discovered the asking price (which, for the sake of this example, was £300,000). After some discussion, we also learned that the vendors wanted to sell the house quickly and would be prepared to accept £25,000 less than the asking price if the sale could be completed within a month.

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