BENEFITS OF MEDIATION

1. Mediation is less expensive than litigation

Mediation is informal and there are no requirements to instruct solicitors, barristers or experts. It emphasizes the resolution of disputes without the need for protracted litigation.

2. Parties that mediate avoid the uncertainty of decisions made by the court

Unlike litigation, mediation actively involves the parties in the dispute resolution process ensuring control and decision making remains in their hands.

Mediation enables the parties to communicate, via the facilitator exactly what they hope to achieve from the process and allows for creative solutions which a Judge would not be able to make.

This approach enables parties to preserve or restore good relationships and clearly goes to the heart of Lord Woolfs emphasis on co-operation rather than adversarialism. Even if settlement is not reached through the mediation, it may assist by narrowing the issues in dispute between the parties reducing the time for litigation.

3. Mediation resolves disputes fast

Mediation can potentially offer a quicker, more direct route to dispute resolution. Many businesses have recognised the procedural time difference between litigation and mediation and therefore utilise mediation as an alternative method to resolve disputes that have the potential to drag on. For individuals, the whole litigation procedure often appears daunting. However, mediation provides the forum to enable and empower parties to arrive at their own decisions.