3 Reasons Why I Embrace Uncertainty

Now that I have been mediating for almost two years, I have noticed that I have developed a very different relationship with uncertainty.

Uncertainty is uncomfortable, and I think most people would prefer to avoid it. However, I now embrace uncertainty—and here are a few reasons why.

1. Uncertainty is one of the driving forces behind settlement.

Every mediator has some version of the speech about the uncertainty of litigation and the unpredictability of decisions made by a judge or jury. And while some attorneys may privately roll their eyes at the cliché, it is true in most cases.

Mediation gives the parties an opportunity to trade some of that uncertainty for the certainty of a negotiated resolution. The outcome may not be exactly what either side hoped for, but they have control over it—rather than handing that control over to the litigation process and an unpredictable fact finder.

2. Mediation itself is incredibly uncertain.

I have learned that cases I believed would be easy to settle can be the hardest to resolve, while cases that appear destined for impasse somehow settle.

I no longer put much weight on declarations like, “This case will never settle” or “We are definitely going to impasse,” because I have seen the opposite happen too many times.

Approaching every mediation with an understanding that the outcome is uncertain actually makes me a more effective mediator. It keeps me from becoming attached to a particular result, allows me to remain calm when negotiations become difficult, and helps me remind the parties that none of us can predict where the negotiation will ultimately lead.

3. Uncertainty keeps me curious.

The surprising outcomes I have seen over the past two years have given me confidence to keep working even when settlement feels unlikely.

Not knowing forces me to stay curious. It makes me ask better questions, look for information I may be missing, reconsider assumptions, and keep searching for an opening even when the parties appear hopelessly far apart.

Sometimes it is the very thing that keeps the process moving.