Key lessons from mediation efforts, both domestic and abroad
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MGM Grand wants mediation for 13 lawsuits
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| Photo from NY Times |
At least thirteen lawsuits are currently pending against MGM Resorts across eight states involving victims and their families from the October 1, 2017 shooting. Because of the strong emotions related to this tragedy, MGM spokesperson stated that "MGM and the plaintiffs' attorneys have agreed to stay the currently pending litigation in order to enter into mediation in an attempt to resolve claims." MGM seeks mediation to "allow the parties to work together toward a fair and timely resolution," which would likely be in the best interest of all involved.
President of Sudan will mediate peace talks
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| Photo from U.S. News |
After South Sudan achieved independence from Sudan in 2011, a few states just across the border remained under control of the Sudanese Khartoum government despite fighting alongside the South Sudanese soldiers. Violence and conflict have continued between the rebel states and the Khartoum government over complaints of economic and political neglect. Although the Khartoum government previously refused to mediate, President Kiir of South Sudan has been appointed to mediate peace talks between Khartoum and rebels in Blue Nile, Darfur, and South Kordofan. Mediation is poised to start next week.
Tourist boating company in Missouri seeks mediation
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| Photo from NY Times |
On July 19, 2018, a Missouri tourist boat sank, trapping and killing 17 people. Since the accident, multiple lawsuits have been filed by survivors and victims' families against the two companies that own and operate the boat. To delay proceedings, the companies invoked an 1851 law that allows maritime vessel owners to avoid or limit legal damages while seeking settlement negotiations. A company spokes-person stated that they hope this delay will give the parties a chance to mediate the claims because "[m]ediation often leads to a faster resolution and allows those affected to avoid a lengthy process of litigation, and most importantly, begin the healing process."
Turkey has seen a dramatic increase in mediations
In January 2018, Turkey received 30,828 mediation requests, a higher number than all of the
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| Stock photo |
mediations that have taken place in several EU countries over a ten-year period. One main reason for this "mediation avalanche" is a new Turkish law that requires mediation as a precondition to filing a case, which came into force at the start of 2018. This law only requires litigants in employment disputes to first seek to settle the case through mediation, but Turkey plans to extend this requirement to civil and commercial disputes in the future. Despite the mandatory nature of this law, Turkish mediators had been able to settle 72% of all claims as of February 2018. This success rate sends a message to other countries that a similar approach to conflict resolution could have a tremendous impact on any legal system.
Conclusion
These news reports demonstrate several important lessons about the value and importance of mediation in our increasingly divided country and world.
1. Mediation often leads to quicker and less expensive resolutions for the parties. In contrast, litigation is a protracted and painfully slow process that can cost both sides many thousands of dollars in legal fees. By accelerating the resolution of a dispute, parties that have experienced tragic loss can also have additional time to grieve and heal.
2. The willingness to mediate is a crucial first step when tensions run high. Even when two parties are literally at war, like Khartoum and the rebel Sudanese forces, the simple willingness to mediate their differences gives hope to an area of the world that has been plagued by violence, neglect, and corruption. The mediation conducted by President Kiir hopefully will lead to the end of a near decade's worth of bloodshed, which has left hundreds of thousands of people dead.
3. In situations where mediation is mandatory, it still can work. As Turkey's mandatory mediation system demonstrates, parties are having success setting aside their differences and reaching agreements with the help of a mediator. Countries around the world are recognizing the value mediation adds to their legal systems and the costs avoided by both parties.
While these stories are ongoing and have not yet reached their final resolutions, they demonstrate that mediation is a powerful tool for parties to express their concerns, seek to understand their opponent's view, and find common ground.
We'd love to hear your examples of mediation in high-stakes situations. Leave us a comment.
