Mediation has some distinct and measurable benefits over litigating a dispute to trial. The following list are some of the main benefits. Mediation is usually but not always a suitable method of resolving a dispute. You should consult your solicitor for further advice if you are in doubt.
Mediation is fast
Mediated settlements can be achieved a long time before a case would normally come to trial. You do not need to be ready for trial to mediate – you just need to be ready to negotiate. The mediation meeting itself will typically take a half day or a full day.
Mediation is cost effective
Compared to going to trial the costs of a mediated settlement can be very modest. In addition to saving costs parties can save considerable amounts of time and effort which they can invest in building their business or enjoying their free time. Priceless.
Mediation is voluntary and without prejudice
This means that if you are involved in a mediation and can not achieve the result you want you can walk away and return to litigation or other methods of resolving the dispute. Because you can walk away this means you can not lose at a mediation. If you do walk away without settlement anything that was said at the mediation can not be used in the litigation – it was without prejudice.
Mediation is confidential
Anything you say in private to the mediator is confidential and will not be passed on to the other side without your permission. This helps the mediator got a fuller picture of the dispute and helps him or her to remove obstacles to a settlement. The outcome of the mediation or the fact that it has taken place can also remain confidential.
“Win-Win” solutions
There is no judge at a mediation. The parties retain full control of the outcome. You can not have a settlement imposed upon you. What can and often does happen is that the parties agree to a solution from which they both benefit, a solution which the court frequently does not have the power to order. This can result in important trading or working relationships being preserved to the benefit of each side.
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