Mediation is a popular alternative to traditional courtroom battles, offering a more collaborative and cost-effective way to resolve disputes. But despite its growing use, many people are still unclear about what mediation really involves.
Misconceptions abound about the role of the mediator, the types of cases suitable for mediation, and the legal standing of mediation agreements.
In this post, we clear up some of the most common myths about mediation and explain why it’s a valuable tool for resolving conflict in a wide range of settings—from family issues to workplace disputes and beyond.
TABLE OF CONTENTS
- What is Mediation? Setting the Record Straight
- Myth #1: Mediators Make Decisions for the Parties
- Myth #2: Mediation is Only for Divorce Cases
- Myth #3: Mediation is Legally Binding
- Myth #4: Mediation is a Sign of Weakness
- Myth #5: Anyone Can Mediate Without Training
- Myth #6: Mediation Always Results in a Settlement
- Myth #7: Mediation is Informal and Unprofessional
- The Value of Mediation as a Career Path
WHAT IS MEDIATION? SETTING THE RECORD STRAIGHT
Mediation is a voluntary, confidential process in which a neutral third party helps disputing parties reach a mutually acceptable agreement.
Unlike litigation, which involves high legal fees, a formal process, and a binding decision made by a judge, mediation focuses on collaboration and communication to resolve conflicts. Studies have shown that it’s faster, less expensive, and more satisfying than going to court.
The mediation process allows the parties to maintain control over the outcome rather than having a decision imposed upon them. It’s about finding common ground, not declaring a winner.
Mediation is collaborative, not adversarial
MYTH#1: MEDIATORS MAKE DECISIONS FOR THE PARTIES
Many people assume that mediators provide legal advice and act like judges or arbitrators, making the final call on how a conflict should be resolved.
“Hands down, the biggest myth is that mediators ‘give advice’ and will ‘resolve’ their client’s problems,” says family mediator and Kompass instructor Hayley MacPhail.
“Mediators set the stage for the clients to do the work. They act as facilitators. Mediators work hard to read the room and put forth questions and observations that move the healing forward.”
A mediator’s role is to guide the conversation, ensure all voices are heard, and help the parties identify their underlying interests and options for resolution.
By remaining neutral, mediators create a safe and balanced environment where participants can engage in open dialogue. The power to decide the outcome rests solely with the disputing parties.
MYTH #2: MEDIATION IS ONLY FOR DIVORCE CASES
Mediation is often used in family law, but it’s far from limited to divorce or custody arrangements. Mediation can resolve workplace conflicts, commercial disputes, landlord-tenant issues, and community disagreements. It is widely applicable across professional sectors, including healthcare, education, and business.
One growing area is intergenerational mediation (formerly known as elder mediation), which focuses on disputes involving older adults and their families or caregivers.
“Intergenerational mediators deal with the effects the aging process has on families. The conflicts that often arise are what to do about Mom and Dad for their safety,” says accredited mediator and Kompass instructor Mary Joseph.
“Can they live at home? Do they fall down a lot? Are they forgetting things? Are they leaving the stove on? Are they eating properly?”
Mediation can be used for conflicts among older adults and their grown children
MYTH #3: MEDIATION IS LEGALLY BINDING
Mediation agreements are not legally binding. However, when parties reach an agreement, they can formalize it in writing and sign a binding contract. A mediation agreement can form the basis of a separation agreement or court order, both of which are legally enforceable.
Mediation relies on mutual agreement and must be formalized to be enforceable. It’s not like arbitration, which ends with a binding legal decision.
MYTH #4: MEDIATION IS A SIGN OF WEAKNESS
Some individuals and organizations hesitate to engage in mediation because they see it as an admission of failure or weakness. This stems from a misunderstanding of the nature of conflict and the purpose of mediation.
Choosing to mediate a dispute is not a sign of weakness, but a demonstration of strength and emotional intelligence. It reflects a proactive commitment to resolving issues constructively rather than allowing them to fester. The mediation process fosters collaboration and mutual respect, which are essential for building stronger relationships and preventing future conflicts.
MYTH #5: ANYONE CAN MEDIATE WITHOUT TRAINING
It’s true that anyone can call themselves a mediator. However, those who are professionally trained bring expertise and ethical grounding to the process.
Mediation is not officially regulated in Canada, but a number of associations offer certification that can boost your professional legitimacy. Becoming a Qualified Mediator (Q.Med) through the ADR Institute of Canada, for example, demonstrates to the public that you have met strict standards and can be trusted to perform competently.
To become certified, you typically need to complete a formal training program—like the ones offered by Kompass.
“Our students learn all the established frameworks and approaches for mediating disputes,” says Mary Joseph. “They also learn practical conflict resolution tools and techniques. For example, how to manage conversations to seek common ground, and how to reframe contentious issues in ways that can lead to agreements.”
MYTH #6: MEDIATION ALWAYS RESULTS IN A SETTLEMENT
Mediation boasts a high success rate, but it is not a guaranteed solution for every dispute. Success depends on the willingness of the parties to engage in good faith, communicate openly, and work toward a resolution. If one or both parties are entrenched in their positions or unwilling to compromise, mediation may not yield the desired outcome.
For example, the parties in a family mediation may be unable to come to an agreement on the terms of spousal support or a parenting plan, so they end up in court or arbitration. It’s also possible for the parties to agree on some issues but then deal with other issues in court.
Mediation doesn’t always have a good outcome
However, even when mediation does not result in a full agreement, it often helps to clarify issues, improve communication, and lay the groundwork for future resolution efforts. In this sense, it is rarely a wasted effort.
MYTH #7: MEDIATION IS INFORMAL AND UNPROFESSIONAL
While mediation is less formal than court, it is still a structured and professional process. Mediators follow ethical guidelines and adhere to established procedures to ensure fairness, confidentiality, and respect. It’s not just a casual conversation—it’s a disciplined method of resolving serious issues.
THE VALUE OF MEDIATION AS A CAREER PATH
Helping others resolve conflicts can be immensely satisfying.
“What I find most rewarding about working in mediation is the opportunity to facilitate constructive dialogue and witness the transformation of conflict into resolution,” says lawyer-turned-mediator Rola Mustafa.
“Witnessing the relief and satisfaction on the faces of individuals as they reach agreements and move forward positively is incredibly gratifying. Additionally, knowing that mediation contributes to building stronger relationships, fostering harmony, and promoting peace within communities adds to the sense of fulfilment in this work.”
BUILD THE SKILLS YOU NEED TO BECOME AN EFFECTIVE MEDIATOR
Kompass Professional Development offers several online certificates for aspiring mediators, including Mediation and Dispute Resolution, Family Mediation, and Intergenerational Mediation. Our programs are accredited by the ADR Institute of Canada and/or the Ontario Association for Family Mediation and can help you launch a successful career in ADR.
Click below to explore our offerings in more detail.
