By C. Jean Stewart
I had an experience during a mediation that prompted a familiar question: Was that successful?
I’ve always believed that mediation belongs to the parties—not to me as the mediator, nor to their attorneys. True success happens when the participants resolve their conflict, develop and document an agreement, and can honestly say, “Yes, that’s my agreement, and I’m satisfied with both the process and the outcome.”
When a mediation falls short of that outcome, as this one initially did, I often reflect on what might have gone differently. Yet while I was still mulling it over, one of the attorneys called to share that the parties had reached a complete and final settlement, described the terms, and thanked me for my assistance.
So, was that mediation successful? The parties were satisfied, the matter was resolved, and the court’s docket was lightened. By all practical measures—yes.
I’ll admit there’s a part of me that enjoys being present at the moment of closure—to witness the relief and resolution firsthand. But perhaps true success in mediation isn’t about my participation at the end. It’s about helping the parties find their own way to resolution, however they get there.
