The challenges of mediation are not as numerous as the benefits. One of the biggest challenges is to resolve the actual dispute in question. There may come a situation when all variables (i.e. willing parties, competent mediators, etc.) are optimal and yet, parties cannot agree upon negotiations that could ultimately produce resolutions. Another challenge lies within the process of picking an effective mediator that will keep subjectivity at minimal, encourage creativity, and so on. Sometimes, despite all efforts to keep the mediation process as effective and efficient as possible, an "incompetent" mediator may take a case and pretty much open up "Pandora's Box" if you will. This incompetence may be due to ineffective training or lack of experience. Consequently, the parties involved would not only suffer the disadvantages of mediation failure but also deal with the challenges of litigation in the future.
I think mediation is a wonderful technique to resolve disputes despite its obvious challenges. I think the benefits far outweigh the issues and it is refreshing to know that there is an alternative method rather than going to court for everything. I believe that the process of litigation develops and harbors resentments and many times both parties come out unsatisfied in the end. I used a mediator to resolve some of my disputes with my ex-husband. Both of us got what we wanted out of the divorce and we also saved tons of money. The best thing about the mediation was that I got my divorce within six weeks! Thank goodness for mediators, otherwise I would have been married to my ex for another 3 months. Heaven forbid!
Works Cited
Fernandez, Carmen Collar and Jerry Spolter. "International Intellectual Property Dispute Resolution: Is Mediation a Sleeping Giant?" Dispute Resolution Journal. Aug. 1998: 62-69. http://www.apollolibrary.com/cp/gbm/law529.html .