Why Mediation Is the Smarter Choice for Resolving Disputes

Mediation, though often thought of as a modern innovation, is an age-old practice. It traces back to ancient times, with the term “mediate” coming from the Greek word meaning “to stand between.” For centuries, people have recognized the value of having someone intervene in conflicts to find resolution. What’s changing now is that mediation is making a resurgence as a practical and cost-effective alternative to lawsuits, especially in the business world.

Take, for example, my family’s experience. We owned a retail shopping center in a growing Texas town, which led to a lot of positive business opportunities for the community and lessons learned for us. However, not all those lessons came without frustration, particularly when it came to resolving conflicts with others.

Our property was part of a larger shopping strip, divided between us and another owner, Anderson Properties. When Anderson proposed a major renovation, we were excited about the improvements, including a grand clock tower that would enhance the center. We trusted the process, signed the contracts, and contributed one-third of the project costs.

Then came the shock. The clock tower, the highlight of the entire renovation, never materialized. Anderson refused to communicate, and when they did, it became clear they had no intention of building it. This wasn’t just about aesthetics—it was about fairness. We felt betrayed, and when attempts to work things out directly failed, we had no choice but to sue.

The lawsuit, however, became an expensive ordeal. Between the back-and-forth, mounting legal fees, and the stress of dragging out the process, we quickly realized that litigation wasn’t the answer. We spent $40,000 to try to recover $40,000, and Anderson spent twice that to avoid paying us back. Ultimately, both sides ended up at mediation, which is where we learned an important lesson: this entire conflict could have been resolved earlier—and far less painfully—through mediation.

Mediation offers a way to resolve disputes without the financial and emotional toll of a drawn-out court battle. Had we understood the true purpose of mediation, we would have approached the situation differently from the start. Mediation isn’t about “winning” or seeking justice in the traditional sense—it’s about finding a workable compromise that saves both parties time, money, and stress.

Our experience illustrates a key point for anyone in business: lawsuits are often more trouble than they’re worth. Mediation provides a solution that’s not only faster but also allows both parties to walk away with peace of mind. Instead of gambling on the outcome of a court case or relying on high-priced lawyers, mediation empowers you to negotiate a fair solution.

Looking back, the money spent on legal fees could have been avoided altogether. Through mediation, we could have reached an agreement that saved us the financial strain and emotional toll of litigation. Today, we understand that mediation is not about conceding; it’s about making a smart, strategic decision to protect your business and your peace of mind.

So, before you head down the path of litigation, consider mediation. It’s the better option for preserving relationships, managing costs, and maintaining your sanity. When it comes to conflict resolution, mediation helps you avoid the courtroom—and the stress that comes with it.