Why Mediate

Reasons to Mediate

There are many benefits of mediation for you to consider. We have described some of the key benefits below:

Much improved speed of mediation process over litigation

The mediation process is substantially quicker than going to litigation. From time of enquiry to final day of mediation and settlement can be as little as a few weeks. This significantly contrasts with litigation which may take many months or even years to come to Court.

Potential of substantial cost savings

Naturally with constrained time scales of the mediation process, as noted above, the impact on overall legal cost to you is significantly reduced. This fact is supported by the many statements made by the leading Appeal Court Justices over the last 5 years who have seen vast sums of money expended to achieve very little gain.

Aids & improves communication & promotes reconciliation

One of the greatest benefits of the mediation process is its ability to enable communication on a first hand basis between the parties in dispute. Indeed the day of mediation may be the first time that the various parties have actually discussed the matter of dispute between themselves for some considerable time. Taking the dispute away from the litigation route even for a short time helps to build understanding and reconciliation.

Flexibility

Although the process behind mediation has an overall theme in that mediation is usually carried out within a single day, the actual mediation day can be very flexible, and although guided by the mediator, is generally in the hands of the parties concerned in the dispute. Generally on the mediation day you will meet face to face with the other party in dispute at an open plenary session where both parties will state their position regards the dispute. An opportunity is often given for a short response to clarify any details before each side retires to their own room. The Mediator will then move between parties to discus in private or closed session (caucus) the issues in an order to seek a amicable solution.

The results and agreements made at the mediation can also be flexible to suite the parties. Final settlement agreements do not have to comply with any legal criteria or basis. This contrasts with the litigation approach where decisions and rulings handed down by a Judge are made purely on legal facts.

Private & confidential

Anything discussed before and during the Mediation is on a 'without prejudice' basis and is totally confidential. Should the dispute not be resolved then your details and information gained at the mediation cannot be used in any subsequent Court proceedings. Both before and during any mediation the mediator will never discus with the other parties any information that you may have disclosed to him unless you give specific permission.

70-80% settlement rates

Whilst it is difficult to find the exact rates for success of disputes taken through the ADR process, estimates from learned bodies and the judiciary suggest settlement rates of between 70% and 80%. It is recognised that whilst some disputes are not settled on the day of mediation, the mediation process has itself often led to a movement of position by the parties that has enabled a settlement shortly following the mediation; therefore the need for you to go through the litigation process has been prevented.

Limited impact on your business continuity & relationships

The great advantage of the mediation process is its speed of progress, from time of request through to day of mediation and hopefully dispute settlement; this can be just a few weeks or less. Mediation thus facilitates external business continuity due to its short time frame for potential settlement. Litigation however, can be catastrophic on your business continuity and relationships due to its prolonged timescale to achieve a determination.

Control remains directly with you

Alternative dispute resolution using mediation processes ensure that you remain in control at all times i.e. you retain ownership of the dispute. This is a fundamental element of the mediation process. There will be no settlement if you are in disagreement with any proposed solution. Control allows settlements to be devised that are outside of the legal constraints, and therefore settlements can be quite innovative. Mediation contrasts  significantly from disputes that follow the Court based solution, where a Judge will decide according to facts presented by your legal representatives. You will not have direct access to the Judge and you will have handed over all control of the settlement to your legal representative. This can be frustrating to those in dispute and is an element that is often not considered when parties opt to seek recourse through litigation.

No imposed solutions

As identified earlier, settlement of disputes through mediation imposes no solutions, other than what is agreed between  yourself and the other party in dispute. Conversely any dispute taken to litigation, by the very nature of the formal Court process, will only result in an imposed judicial solution.

You therefore need to think very carefully prior to going to litigation to determine if you really do wish to pass all control to the Courts for an imposed solution.

DMC white logo Please contact The Dispute Mediation Consultancy for further information and advice should you need further clarification of the issues regarding the advantages of Mediation.

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Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

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