Position vs. Interest: Why Mediation Works!

Mediation is a powerful process when done through a skilled mediator. In divorce, most individuals get caught up with their “position” on certain issues and what they believe needs to take place in order to satisfy their needs. Often times, the “positions” taken by the parties are contradictory to one another. This leaves parties with the impression that only one of them can “win” on any given issue.

Through the mediation process, a skillful mediator is able to see past the “positions” taken by both parties, and instead get to the very heart of the matter, addressing the parties actual concerns (their “interests”).

Once the parties move away from their “positions” and start to focus on their “interests”, through the assistance of a neutral mediator, parties are able to directly hear the other party’s concerns and openly discuss them with one another. As a result of this, parties are no longer tied to settling with one or the other party’s “position”. Instead, disputing parties are able to try to find a resolution that addresses both of their concerns without having to compromise their own interests.

The result: Potential resolutions are significantly increased because parties are able to be creative and come up with any number of resolutions that might address both parties concerns or “interests”, as opposed to a “position” where only one party walks away satisfied. Mediation works!