There have not been many cases recently dealing with mediation and so I thought I would explain why it can be a better process than going to Court.
Mediation is a type of alternative dispute resolution (“ADR”) that has become increasingly popular recently. It is a process where parties in a dispute meet in person or online with an independent, neutral third-party mediator to resolve their dispute. Mediation offers many benefits that make it a good option for many people who are looking to resolve a dispute. In this article, I will explain eleven reasons why you should consider mediating your dispute.
1. Cost-effective alternative to litigation
One of the primary benefits of mediation is that it is a more cost-effective alternative to litigation. Legal proceedings can be lengthy, costly, and time-consuming, and often result in a resolution that is unsatisfactory to one or both parties. They can also have a deleterious health impact. Mediation, on the other hand, can be a quicker and more affordable process that can save precious time and money. It is better because options are available in a mediation that are not normally available in litigation. For example, relationships may be preserved or contracts renegotiated apologies can be given boundaries can be moved and wills can be changed. The impossible becomes possible.
2. Preserves relationships between parties
Mediation is often used to resolve disputes between individuals or organisations that have a long-standing relationship. Families are a prime example. Relatives arguing over an inheritance. Neighbours arguing over boundaries. Former couples arguing about property following an acrimonious breakup. Co-workers in an employment situation who are having difficulty communicating or working together. The list goes on.
The mediation process encourages the parties to communicate and understand each other’s perspectives, which can help to preserve relationships and reduce the risk of disputes in future.
3. Maintains control over the outcome of the dispute
In a court the outcome of a dispute is decided by a judge. In mediation, however, the parties have more control over the outcome of the dispute. The mediator works with the parties to reach a resolution that is mutually agreeable, so the parties can have a say in the outcome of the dispute rather than having an outcome imposed upon them.
4. Encourages creative problem-solving
Mediation is a problem-solving process that encourages the parties to discover creative solutions to their disputes. The mediator will work with the parties to find different options and find a resolution that is beneficial to all. This process can lead to a resolution that is more satisfactory than what might be achieved through a court.
5. Increases satisfaction and compliance with the resolution of the dispute
When a dispute is resolved through mediation, the parties are often more satisfied with the outcome because they have had a say in it. Mediation is a collaborative process that encourages the parties to find a resolution that meets their needs and interests. It is reported that people are more likely to comply with an agreement they freely reached together rather than imposed on them.
6. Mediation is a confidential process
Mediation is a confidential and voluntary process, and the negotiations and discussions that take place during mediation are confidential, as are any documents disclosed. This is a significant advantage for individuals and organisations who want to resolve a dispute without the risk of damaging their reputation. Court proceedings are generally public and so are documents filed at court, except in cases involving children or family law.
7. Facilitates communication and understanding between participants
Mediation provides a safe place for the parties in a dispute to communicate and better understand each other’s perspectives. The mediator works to encourage open communication between the parties and helps them to understand each other’s interests and needs. This can lead to a resolution that is more satisfactory to both parties.
8. Resolves disputes faster than going to court
Mediation is a faster process than litigation generally speaking and is therefore less frustrating. In my experience disputes that might take years to go through the Courts can often be resolved in one day of mediation or less if the parties are properly prepared. This is a significant advantage for individuals and organisations who want to resolve a dispute as quickly as possible.
9. Reduces stress and tension between parties
Mediation can help to reduce the stress and tension between the parties in a dispute. Because the process of mediation encourages the parties to communicate and understand each other’s perspectives, it can help to reduce conflict and promote a resolution that is mutually beneficial. It is well known that litigation can be extremely stressful and in some cases can cause illness or health problems.
10. Provides a neutral and impartial forum for resolving disputes
Mediation is a neutral and impartial process that is designed to resolve disputes in a fair and balanced manner. The mediator is independent, does not take sides and works to find a resolution that is mutually agreeable to both parties. This can be a significant advantage for individuals and organisations who want to resolve a dispute without the risk of bias or prejudice.
11. The Courts support it and can penalise a party who refuses it.
it is well known that there is no obligation to resolve the case, but there is an obligation from the Courts’ perspective to at least try to do so. In fact, the Ministry of Justice is currently looking at whether people should be opted in to mediation as part of the court process. The Ministry of Justice is considering expanding the small claims mediation service for example to cover most small claims. If you offer mediation to the other party in a dispute and they ignore your invitation or refuse to mediate without good reason, then they risk having to pay additional costs.
if having read this article, you are in a dispute and are interested in mediation. Please get in touch with me and I can explain more or answer any questions.