WHY MEDIATION?:

Confidentiality: Mediation is carried out in private and anything that is discussed is strictly confidential and only the mediator and the parties to the dispute are privy to the agreement reached. Only the parties to the dispute decide what is made public.

Voluntary: The process is voluntary and there is no obligation on the parties to a dispute to take part and they may terminate the mediation process at any time. However the process of entering mediation is very useful in helping the parties to form a better understanding of the issues and often leads to a more satisfactory resolution than where the dispute goes to court.

Cost: The cost of mediation is far less than that of going through the legal process and a typical mediation can be resolved in as little as a day or days. If a dispute goes to court it can drag on for many weeks, months or years at a very signficant cost. Research tells us that the cost of taking a dispute to court is up to ten times more than mediation and takes much longer.

Mutual Agreement: The resolution when agreed between the parties is usually more suitable as it is the solution that the parties have worked towards and agreed. The fact that they entered mediation in the first instance is a sign that they are willing to consider their position. The parties have an opportunity to see each other’s view point and in many cases when resolution is reached the parties have the added benefit of preserving their relationship.

Control: Parties who enter mediation have more control over the resolution process as they are directly involved. If a dispute goes to court then control passes to the legal teams for both parties but ultimately to the Judge who makes the decision. It is worth remembering that a solution reached in mediation is not likely to be provided by the court system.

Compliance: Because mediation produces a solution agreed to by the disputants then compliance with the agreement is usually very high. This further reduces the cost associated with forcing parties to honour the terms of the agreement. The agreement once signed is however fully enforceable in a court of law.

 

Legal Rights: Parties involved in mediation do not forfeit any legal rights or remedies. If there is no settlement, each side can continue to enforce their rights through appropriate court or tribunal procedures.

Speed:The mediation process is generally much quicker than following the legal route and there are a number of high profile cases which were before the courts for some time and once referred to mediation were resolved in a number of days. Mediation can usually be arranged quickly and the process completed in a short time frame.

Impartial: Mediators are completely impartial and use their skill and training to open and improve discussion between the parties. Their aim is to help the parties to reach an agreement.

Non-combative: Mediation is co-operative and non-adversarial. Mediation provides a safe, respectful and comfortable environment for discussion.