Why Mediation Works
“An ounce of mediation is worth a pound of arbitration and a ton of litigation!”
Mediation works when the disputing parties want to find a solution.
It is NEVER too late to mediate, but sadly many parties only consider mediation once they are emotionally or financially drained through litigation.
This does not have to be the case.
Mediation works because:
- the process is non-binding and confidential, and parties can explore the process without risk;
- the process is informal and not bound by timeframes, which makes it more cost-effective
- the process is voluntary and any settlement reached is an outcome determined by the parties themselves;
- the role of the mediator is to assist the parties explore settlement options and not to enforce a settlement as a judge or magistrate would in litigation;
- the mediator can meet separately and in private with each of the parties, creating a safe space for each party to express their views. The mediator may only disclose what is discussed in private with consent of the disclosing party.
- the parties therefore determine their own outcome. Importantly, parties are empowered to decide for themselves how, if at all, they’d like to resolve the dispute. Through self-determination, individuals can base proceedings on how they aspire to live their lives and or do business.
- Once a resolution has been reached, a settlement agreement is signed. It is more likely for both parties not to breach the settlement that they have reached themselves, compared to a party breaching a court order that they do not agree with.
Either party can terminate the process at any stage