Why Mediation Works So Well…

Mediation works because it is essentially a negotiation with guidance. During the mediation day, the parties begin to negotiate a settlement of their dispute, aided by their Mediator.

The settlement and agreement that emerges is something they can believe in because they negotiated it themselves and were involved every step of the way.

Settling disputes through mediation can save money and almost always leaves parties in a better state of mind.

Lawyers have happier clients, and courts have a reduced litigation case load burden.

Mediation is, therefore, a win-win for all concerned in most cases.

A “Top 10” of the very significant benefits of mediation include:

1. Control – because mediation gives the parties complete authority to manage and shape their own solutions – and since each party is directly involved in negotiating their own agreement the outcome that emerges is so much stronger. When people go to court the settlement will be imposed upon them, and very often profound dissatisfaction results from both parties experiencing this and the subsequent lack of input and choice, as they are simply forced to accept the judgement given to them.
2. It’s Confidential. In contrast to the potential publicity of court proceedings, everything said at the mediation is entirely confidential to the parties, and is “without prejudice” even if the mediation is unsuccessful.
3. It’s Voluntary. So, either party may withdraw at any time usually without penalty.
4. Convenience – because the mediation will take place at a venue convenient to both parties who will not have to travel to a forbidding court building.
5. It’s Comfortable – because, each party will have their own room rather than having to sit in an uncomfortable waiting room or suffer the disquiet and anxiety of having to see or interact with people they are in conflict with.
6. It’s Fair – because the Mediator is completely impartial and independent, and listens carefully to everyone’s view, talking frankly to the parties privately (or together if they choose). The Mediator is a neutral facilitator to guide them towards an agreed settlement.
7. Reduced Costs – because a successful mediation puts an end to the litigation process. Traditional litigation is very expensive and the total cost is highly unpredictable.
8. A Quicker Outcome – because mediation can happen at an earlier stage and an agreement can usually be reached more rapidly than continuing to court.
9. Reassurance and Support – because litigation and courts can be daunting, and the Mediator will be trained to be a calming presence in difficult situations. As a neutral and trusted intermediary, the Mediator enables and supports each party through the process.
10. Preservation of Relationships. Mediation helps to preserve and salvage important relationships that might otherwise be dashed forever in acrimonious litigation. This can be an absolutely key benefit especially in a business or family dispute.

So, mediation can be faster, cheaper and much less stressful than going all the way to court, and it can help participants focus on effectively communicating with each other, rather than arguing and attacking one another, to get to an agreed solution instead.

It leads to a successful resolution in around 90% of disputes, so it may be a very worthwhile alternative for you to consider…