For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation.

Time is a major feature in mediation. Indeed, we ourselves have promoted the process as a “time-saver”, offering faster outcomes than the full court or arbitration process. Efficiency has been rightly touted as an important component of mediation, and with that the appeal to busy executives and others. But such “efficiency” creates its own pressures and dynamics. Perhaps now is a good time to reflect on those.

Way back when (1994, I think it was), Professor Frank Sander coined the phrase “Fitting the Forum to the Fuss” in order to highlight the need to choose a dispute resolution process which most suited the particular dispute. Back in those heady days, and since, mediation has promoted itself as a highly flexible option. And rightly so. But like so many new breaks with tradition, they can themselves become beset with their own customs, which often morph into rules. “It’s done this way”. I sense that this is really the case with mediation.

So in this time of more time, I encourage us all to do some serious thinking about mediation. Why do we do it the way we do? And what scope is there for further innovation and change?

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