Settlement is your decision and the terms are your choice
There are many reasons why mediation is a favoured dispute resolution option:-
- Mediation is quicker – no lengthy court proceedings and many mediations can be arranged within a matter of days with the mediation itself lasting a day depending upon the nature of the dispute
- Mediation is cost effective when compared to court litigation
- The parties decide the outcome.
- Mediation is confidential
- Mediation is voluntary
- Mediation is possible at any time depending upon the parties availability – in litigation the court will decide when the case will be heard
- There is a high success rate – statistics show 70% of cases referred to mediation settle on the day or shortly after
- Nothing is binding until it is written down and signed by both parties
- The parties can create their own best possible settlement without necessarily referring to the strict legal principles that may apply to the dispute. It can be a commercial solution.
- Litigation is expensive and a lengthy process. A judgment is reached based upon the facts of the dispute interpreted by a Judge applying the legal principles.
- Mediation is a flexible process and informal which helps and the parties can reach their own solution and determine for themselves the basis of their agreement regardless and sometimes in spite of legal principles. The solution can be as creative as the parties chose – it is their decision.
- The mediator is impartial, non-judgmental and facilitates the mediation process to assist the parties’ find their best possible outcome. Unlike litigation, with the exception of child cases, mediation is confidential and all the negotiations are untaken on a without prejudice basis.
- It is a completely voluntary process and non-binding until a settlement agreement is signed.
- It offers the potential to salvage future dealings after the dispute concludes.
- If you have a reputation risk because of the dispute, the confidentiality of mediation may protect your reputation. Most litigation is in the public domain.
If you therefore wish to resolve your dispute at the earliest opportunity in the most cost effective manner and be part of the decision making process then mediation is for you.