Mediation is a means of settling disputes and very often used as an alternative to court proceedings. Here are the main reason why:
It is relatively cheap
Mediation is very cheap compared with the alternative of going to court where fees can accumulate to tens or hundreds of thousands of pounds. At some stage, the participants must decide if they can afford to carry on and, in many cases, it is wealth that decides the outcome rather than merit.
The costs are known in advance and are borne equally by the parties involved.
It saves time
Mediation is very quick. Meetings may take as little as half a day, but most civil and commercial mediations usually take a whole day, However, they may be extended by agreement between the participants to deal with outstanding issues that may have arisen.
They are timely depending only on the availability of a venue and a mediator, whereas progress to court can take up to two years or even longer.
It allows you to concentrate on your business
Apart from the cost and time taken, deadlocked disputes are a distraction from the day-to-day conduct of the participants’ lives and businesses. They are a drag on progress and force the participants to keep one or two feet in the past. Mediation allows the participants to move on and get on with their lives and businesses.
It is voluntary
Resolution is consensual rather than imposition. Instead of having to convince a judge as to the merits of their case, the participants participate in the process.
The process is voluntary, and settlement is achieved by agreement and usually involves some form of compromise. It is said that neither participant leaves the process wholly happy with the outcome but at the same time neither participant is wholly unhappy.
Meetings are confidential
Mediations are confidential so that no one outside the process need be aware either of the dispute or the resolution. Court decisions invariably find their way into the press whether it be national or local. In this era of social media, internet searches may reveal matters that the participants would rather have kept private.
It is without prejudice
Mediations are without prejudice and so statements made, or concessions offered may not be used again for any purpose, especially in a court hearing. A participant may even apologise or express regret without incurring the wrath of an insurer.
There is an outcome by agreement
Outcomes are by agreement and subsequently can be amended by agreement whereas Court directions may only be amended by the Court.
To find out more about mediation or how John Walker Mediation can help you, contact us today.