Mediation is a legally recognised alternative to litigation. It offers five major advantages:
Financial costs are contained by using mediation:
Time is saved because mediation is a quick process:
- By saving on the potentially high legal bills that may be generated through a court appearance. In only paying for the mediatorsí time for the day, there are no escalating legal fees, court fees or other charges that usually mount up in these circumstances.
- In resolving the dispute in one day, you do not lose valuable working time, nor incur additional travel and expenses.
- You will know what you are going to pay for and there will be no hidden costs.
Mediation minimises the stress associated with litigation:
- Mediation usually only takes one day to resolve the conflict. In some situations this may be extended but this is unusual.
- You can usually get a dispute mediated within days or weeks of requesting mediation. This deals with it quickly and avoids months, if not years, of waiting for a court date, and all the stress attached.
- In only needing to spend the day that has been agreed for the mediation, you make the best use of your time with the least disruption to your work.
Mediation is confidential and discrete:
- It avoids the costs and lengthy delays, as mentioned above.
- Litigation is essentially a confrontational process Ė there is a winner and a loser (although, in reality even the party ending with the judgement in their favour often do not feel like winners). Mediation results in an acceptable solution for all parties.
- It gets to the heart of the dispute so that the real issue can be dealt with.
Communication is improved:
- Court is a very public place to resolve disputes.
- Information that is given during mediation is kept confidential.
- Rarely is there anything to be gained by an open conflict Ė both sides often lose from this.
- Privacy from the media, competitors and others is assured.
- In most cases differences are resolved in a way that allows you to continue working with your supplier or partner. This could be crucial if you might continue to need the other party to provide you with a specialist service or product.
- Another potential benefit of mediation is that, having worked through the conflict, there can be a basis of greater mutual understanding.
We had tried mediation in the past but didnít get a resolution. This time our experience was quite different as (he) saw beyond the legalities to the real issues that we have had. If he hadnít I donít think that we would have been able to sort this out and reach an agreement. Thank you.
Is my case suitable for mediation?
If you agree with any of the following statements, your situation will be suitable for mediation:
- I would prefer to reach an agreement rather than litigate
- I may want to continue in business in the future with the other party
- Confidentiality is important
- I am concerned about costs rising
- I want an end to this situation as soon as possible
- I would prefer an informal process