Mediation - why it works and the advantages

There are many reasons:

Mediation is voluntary and informal thus avoiding the pressures of a Court appearance.

Mediation is very quick - dates can be arranged easily to suit the parties and time limits can be set.

Mediation is cost effective - the fees for mediation are a fraction of those incurred in going to Court where costs are also incurred in retaining the services of solicitors and barristers. Legal representation is not necessary in a mediation if the parties are content to represent themselves. Refer to the case of Burchell v Bullard for an example of litigation costs exceeding the value of the dispute by a substantial amount.

Mediation is not adversarial as in a Court where one party wins and the other loses, with the costs of both parties usually  being borne by the losing party thus adding insult to injury.

Mediation is not restricted in terms of the settlements available (providing it is not illegal). Options available, which are not available in Court, can include a simple apology, a swap of assets, rebates offered against future business, the offer of further work, future promotions, joint ventures, retrospective discounts, future work carried out for free, free advertising and many many more which are within the control of the parties themselves.

Mediation puts control back in the hands of the parties.

Mediation can maintain or rebuild existing business or domestic relationships to the benefit of all parties. (See Testimonials)

Mediation enables all parties to win.

Whilst statistics can vary a little, mediations are generally successful with approximately 80% of cases settling on the day. Of the remaining 20%, something in the order of half settle shortly after the mediation as the parties re-consider their positions in the light of the discussions held on the day.

 

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