Advantages of Mediation

Sometimes I am asked to explain the advantages of mediation. There are many such advantages including the following:

• Mediation can be undertaken at anytime.You don’t have to wait for a court to be available to hear your dispute;

• Litigation is expensive whereas mediation can be cost effective. Court proceedings are often drawn out which increases the costs, whereas mediation can be organised and implemented quickly and usually completed in a day. Of course if the mediation is unsuccessful and the matter proceeds to trial then the cost of the mediation is an additional expense for the parties;

• The parties retain control of the outcome at all times,whereas in the court process you are handing control to a third party and asking him or her to make a decision(which ultimately neither party may be happy with).In mediation, the mediator has no authority to make decisions about the issues, however remains in control of the process;

• At mediation, a party is able to present his or her case and hear the other party’s case at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available;

• One of the great benefits of mediation to participants is privacy. If the matter is resolved the parties can put the matter behind them and confidentiality can be preserved;

• Speed- the whole process can be organised and “done and dusted” quickly. Mediation is quicker then litigation and this helps the parties to avoid delay and uncertainty;

• Simplicity – the process is far simpler and more user friendly than a trial but of course this brings disadvantages with it as well, as the parties don’t always have the protections that a trial provides;

• Mediation, gives parties “their day in court”. Whilst they won’t be in Court in the usual sense, if they are listened to and have the opportunity to be heard then they can feel part of the process and satisfied that they have been heard;

• Litigation does not always provide a fair result whereas in mediation the mediator is not a Judge and can assist the parties in reaching a resolution that they are both able to live with;

• Mediation is not only cheaper and quicker than litigation but may also save in terms of emotional stress;

• Mediation can help to reduce long term tension and hostility between parties and in so doing improve communication between disputing parties which provides a benefit in terms of future co-operation, particularly where an ongoing relationship is necessary, such as where a separating couple has children;

• Involvement of the parties in the decision making produces a sense of ownership and desire to see any settlement implemented;

• Mediation is a reasonably loosely defined concept and unlike the judicial process is not governed by stringent rules as to how and what the mediator and parties can do. This flexibility is both an advantage and a disadvantage.

In a later blog, I will list some of the disadvantages of mediation,one of which is that agreements reached are often not subject to the scrutiny of the Courts and can at times be criticised for favouring the more powerful party.

Sometimes it is necessary for the parties to travel some distance down the litigation pathway before the matter is ready for Mediation.

There is of course a role for litigation,however mediation can offer very real advantages for parties in the right circumstances.

Mike Emerson Co-Principal Brisbane Mediations