Benefits of Mediation
In comparison to Litigation, Mediation has the following benefits:
Confidential
A Litigation process is open to the public and media whereas Mediation has an absolutely guaranteed confidentiality since the disputants are in control of both process and outcome of the mediation. No one other than the parties to the dispute is authorised to disclose what goes on in a mediation process.
Less Time Consuming
Litigation can take months or even years to resolve a dispute due to the cumbersome court procedures and processes coupled with the heavy case load at the courts. Mediation on the other hand can achieve dispute resolution or settlement within hours or days.
Less Costly
Since Mediation is less time consuming, it therefore costs far less to reach dispute resolution or settlement than Litigation.
Preserves Relationships
In Litigation the process is typical of a war zone and the outcome is always either win-lose or lose-lose. After a litigation outcome, relationships are usually irretrievably broken down. The majority of mediation processes and outcomes are WIN-WIN and this preserves relationships between the disputants.
Non Adversarial
The Adversarial system decides a winner and a loser involving lawyers and legal experts whereas the non-Adversarial system looks for a solution that is acceptable for all the parties involved and the parties themselves play a crucial part in reaching a settlement.
Disputants have control of the outcome.
Because Mediation is a voluntary process where disputing parties agree to have a neutral mediator facilitate their dialogue, the disputants have full control of the outcome of their case.