Mediation: An Alternative to Legal Proceedings
Mediation is a process in which a neutral third party helps parties resolve their dispute. This is often done before formal legal proceedings. The mediator does not make a final decision but suggests solutions that the parties may wish to explore.
Benefits of Mediation
There are many benefits to mediation as an alternative to litigation. It can help preserve relationships, reduce conflict and hostility, and decrease the cost of litigation.
1. Quicker Resolution
Disputes are resolved quicker than they would be in court. This is a particularly good benefit if the dispute involves complex issues and/or multiple parties. The time it takes to bring a case to trial can be years, while mediation can sometimes result in an agreement being settled within a few weeks.
2. Neutrality and Impartiality
The mediator is neutral and impartial. A mediator is a neutral party who does not stand to gain personally from the terms of the settlement. This is an important feature to ensure a fair and equitable outcome for all parties.
3. Confidentiality
The mediation is confidential. Confidential mediation allows the parties to avoid public exposure of sensitive business and financial information that could be disclosed in a lawsuit. This often leads to better outcomes for the parties, especially when children are involved.
4. Skilled Mediators
The mediator is a trained professional who knows how to work with difficult situations and can encourage negotiation. The mediator is also a skilled problem-solver who can help parties think "outside the box" when seeking a resolution to their dispute. This often leads to more innovative options than can be found through traditional negotiation processes, which can be limiting in the amount of attainable solutions.
5. Preparation for Mediation
The parties are prepared to mediate. Mediation is usually considered an effective approach to resolving a wide variety of disputes. It is generally considered less costly and easier to administer than litigation and can be incorporated into or prior to other forms of dispute resolution such as arbitration or court proceedings.
6. Expert Guidance
The mediator can provide expert guidance and advice during the mediation. The mediator can advise the parties of any relevant expert witness or legal information they may need to obtain to reach a decision that is best for them. The mediator can provide an analysis of the strengths and weaknesses of each party's position and the likely outcomes if they proceed to litigation or other alternative resolution methods.
7. Non-Binding and Voluntary
The mediation process is non-binding and voluntary. Mediation is a voluntary and informal dispute resolution process that allows both parties to participate in a structured, time-limited, and confidential setting. This is typically not binding, although it is possible to enter into a settlement that will be recorded in an agreement. The mediator has the authority to make a binding recommendation only if both parties agree in advance of the mediation to give him/her that power. If this is not the case, the mediator does not have that authority and will not be able to take any action based on the decision made by him/her in the mediation session.
