MEDIATION

What is mediation?

Parties in dispute have various options for reaching resolution. Mediation is an excellent way to avoid the expense, stress and hostility that comes with litigation.

Mediation is a form of alternative dispute resolution which is flexible, voluntary and confidential. A neutral third party, a mediator, works with both parties to reach a voluntary and confidential resolution outside of court.

Although mediation is not legally binding, a final agreement between the two parties, reached at mediation, can be enforced in the same way as any other contract. If a negotiated settlement cannot be achieved through mediation, then the parties can still seek dispute resolution through arbitration or litigation.

The benefits of mediation

Mediation encourages collaboration and allows for tailored solutions that suit both parties’ needs. It can improve understanding with the other party and can reduce bad feelings and hostility. Parties who mediate their disagreements usually experience higher satisfaction with the results than with court-ordered solutions. Mediation can help to mend a broken personal or business relationship.

Other benefits of mediation

Greater control: Parties are not forced to accept an outcome with which they are not happy.
Confidentiality: Mediation keeps disputes, agreements and all negotiations private unless otherwise agreed upon.
Reduced costs: Mediation is typically faster and cheaper than going to trial.
Enhanced support: A trained mediator guides parties through the process, fostering effective communication.
Preservation of relationships: Mediation helps maintain relationships by focusing on negotiated settlements rather than adversarial court battles.