It is hard to imagine anything under the sun being without advantages and disadvantages, an inquiry will usually indicate that in fact there is none. Of course, the scale tilts on either of the two considerations on a case-by-case basis, leaving the inquirer with the privilege and duty of making an informed decision as per their requirements. Rail transport – it can transport heavy loads in one go, mostly cheaper than road transport, but with the exception of bullet trains, rail transport is slow, expensive to set up, and limited in its places of reach.
Hear it from us; litigation is not always the best solution to settle disputes that everyday people encounter. Of course in other respects, there are a number of advantages in court litigation and yet nonetheless, there are disadvantages in equal measure.
Not to downplay other methods of dispute resolution, but the scales often tilt in favour of mediation over litigation or arbitration but it remains for parties to decide on which method of dispute resolution addresses their requirements.
In this instalment, we shall discuss a few of the most prominent advantages of Mediation.
It seeks to retain cordial relations and improve communication;
Mediation is a process whereby a Mediator facilitates a process to assist parties to a dispute to find an amicable, accommodative, expedient, and cost-effective settlement of the issues in dispute. Key to this process, it seeks and envisages to be conciliatory in nature, so that effective and meaningful communication between the parties may be achieved even during the moment of implementing the outcome of the process. In matters such as child maintenance and child custody disputes, it is desirable that parties retain cordial relations as opposed to hostility, for the wellbeing of the concerned children.
1. Parties can determine the pace at which the process will move;
Before the mediation process begins, it is required that the parties to the dispute enter into a mediation agreement. In some contractual disputes, there would already be a provision in the contract that is in dispute, so that in the instance of a dispute, it would be dealt with by way of mediation before the matter may be referred to a court of law. The mediation agreement usually provides for the identification of the Mediator, the timeframe within which the mediation process must be completed, the venue, the fees of the Mediator, and costs of the mediation process, etc.
2. It is cost-efficient;
Litigation is a process whereby there is a lot of exchange of pleadings (civil litigation) before the matter goes for trial and finalisation. It costs a lot of money in legal fees as the legal representatives of the respective parties attend to prove or disprove the issues in dispute. With mediation, there is usually no such exchange of pleadings, but during the mediation sittings, the respective parties have to advance their cases under the facilitation of the Mediator. Mediation reduces legal costs, tremendously.
3. It is voluntary.
Except for instances where the law prescribes compulsory mediation before the matter may be commenced under litigation procedures, mediation is voluntary and parties may resort to dispense with the process in the event that their requirements are best handled by other methods of dispute resolution (e.g arbitration).
There are immense benefits that may be reaped from the process of mediation instead of utilising other procedures of dispute resolution. We assist with the mediation process in a manner that seeks to achieve cost efficiency, expediency, and conciliation of the parties rather than retain hostility amongst other benefits.
Contact us for comprehensive assistance.
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