The advantages of mediation
Mediation has many advantages when compared to a traditional court case. Both parties play an equal role, and mediation is faster, less expensive and confidential. It promotes reconciliation between the parties, enabling them to maintain a harmonious relationship and preserve their bond of trust.
Unlike a hearing before a court, the parties do not have to deal with the inevitable delays of a judicial process, since they set the pace for the meetings and the mediation schedule together with the mediator.
As a result, mediation can take as little as a few weeks, even a few days.
Mediation is generally more economical than a court case, particularly since the parties save the costs of preparing and filing legal documents and serving them on the other party, as well as other costs connected with judicial proceedings.
Mediation is confidential. This means that, apart from the parties involved and the mediator, no one else knows the facts of the dispute, how the meetings are conducted, and the outcome of the mediation. Confidentiality is a definite advantage, particularly in a business setting.
Ongoing relationship between the parties
In mediation, the focus is not on determining which party is in the right, but rather on finding a solution that is acceptable to both parties.
The mediator is responsible for establishing a positive climate that will encourage fruitful and constructive dialogue.
Unlike judicial proceedings, where the focus is generally on the points on which the parties are opposed and where each party attempts to convince the judge about the rightness of their claims, mediation is a flexible process which tends to focus on the points on which the parties are in agreement and, above all, their respective needs.
In mediation, the parties do not have to convince the mediator that their respective positions are right. The solutions explored during the mediation process take both parties’ opinions into consideration and are designed to be mutually acceptable to both parties.