12 Reasons Why Parties Should Mediate
1) Control of the Dispute
At mediation, parties have control over whether they settle or not, whereas in litigation, the Judge’s decision is out of their control.
2) Speedy Resolution
Mediations can be fixed up at short notice, much sooner than a trial in a Court action. By addressing the issues early on hopefully parties do not become entrenched in their positions.
3) Cost
If successful, mediation is a lot cheaper than the cost of Court proceedings.
4) Flexibility
The parties can look at solutions and agree outcomes which would not be available to the Judge to order at Court.
5) Success Rate
Statistics suggest that mediation has success rates in excess of 75%, either at the mediation or shortly afterwards.
6) Commercial Reasons
Mediation enables parties to take a commercial view in resolving the dispute quickly, and enables the parties to get on with their business or their life.
7) Less Confrontational
Often at the mediation, the parties do not have to meet. The mediator can conduct mediations with the parties in separate rooms. The purpose of the meeting is to consider settlement as opposed to court action which is adversarial.
8) Avoid the Witness Box
Giving evidence at Court is very stressful; often unpleasant; and the outcome of the trial can swing on how witnesses perform. There is no cross examination at mediation, where the focus is on settlement rather than tripping each other up.
9) Cost Penalties
If parties do not consider mediation, the Court can impose sanctions including penalizing a party on costs of the Court action or awards of interest on damages.
10) Better Understanding
At mediation, parties often get a better understanding of the other party’s position by listening to what they say either directly or through the mediator. This is often useful even if the case doesn’t settle.
11) On-going Relationships
Reaching an amicable settlement can help maintain a business relationship going forward, which will often be permanently damaged by contested Court proceedings.
12) Highly Skilled Professionals
Experienced mediators are very persuasive and have experience in dealing with and resolving complex and emotive disputes.
Disclosure: I may receive affiliate compensation for some of the links contained herein at no cost to you if you decide to purchase a paid plan. You can read our affiliate terms in our Affiliate Disclosure. This Blog does NOT contain financial or legal advice. This Blog is solely for entertainment, informational, and creative purposes ONLY.
Scott Is A Full-Time Attorney, Blogger, and U.S. Army Veteran. Join Scott HERE To Learn How To Scale Your Life At Startup Speed.
Offering A World Class Blog Filled With Valuable Content & Dedicated To Helping Others. Scott Served His Country, And Now Intends To Continue Serving Others In Meaningful Ways By Sharing His Gifts With The World.
