Last time I wrote about mediation – what it is and how it works. This time I thought I would cover off on the many advantages that mediation has to offer.
Mediation offers many benefits over a trail by a judge, including:
- Time: ordinarily a dispute can be resolved more quickly through mediation than through the Court process.
- Cost: if a dispute can be resolved through mediation, the costs of preparing and running a trial which are generally much greater than to prepare for mediation can be avoided. Additionally, after a trial the unsuccessful party may have been ordered to pay the legal costs of the successful party so this too can be avoided by reaching agreement at mediation.
- Flexibility: mediation offers parties more control over the process as well as the outcome. A mediation process which is customised to the parties’ needs can be arranged with the mediator.
- Stress: the mediation process is far less formal and much less intimidating than appearing in Court – thus the process itself is kinder to parties.
- Confidentiality: Court proceedings are a public event; mediation is private. A mediator is not allowed to inform anyone of the contents of the mediation – including a judge if agreement cannot be reached and Court proceedings continue. Discussions had at mediation – with the exception of any threats to the safety of a person or property – are confidential and cannot be used against a party.
- Satisfaction: because the parties decide and agree on the outcome of their dispute they are more likely to be satisfied with the result and to comply with what has been agreed to.
- Finality: settlement agreements can be formalised so that they are just as final as any Court decision.
As you can see there is a lot to be said for mediation. Should you have any questions about how your dispute could benefit from mediation please contact our office.
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