Yes. It depends.
As a process mediation does work. As mediation is confidential there are no public sources of information about settlement rates. However, government funded mediation programmes do typically report settlement rates. For example, FINRA publishes a settlement rate of approximately 80%. This means that for every 10 disputes that are mediated by FINRA, 8 result in a mediated settlement agreement.
As mediators are trained to say, if you have made it to the mediation you are more likely than not to reach settlement.
Settlement agreements are one way to measure success. Some mediators count settlement agreements like notches on their belt. However, the ethos of mediation also provides for other forms of success? For example, has the mediation process led to an increase in understanding of:
- the dispute?
- the parties' interests?
- their ability to manage disputes better in future?
Although a settlement agreement is one measure of success, a wise mediator will also consider other factors in order to deem a mediation successful.