Checklist of Mediation over Litigation



The benefits of mediation over litigation include:

  1. The process is controlled. The parties select the mediator and they decide what issues can be addressed and how the whole process is going to be conducted. They also agree on the fee that each will contribute towards payment for the mediator and finalise the whole procedure so that there is mutual agreement.

  2. The outcome is controlled. The good thing about mediation is that you make the decision. This element is decided by both parties and it is not imposed by a separate judge or arbitrator. This is good because it reduces the fear that the situation can be incorrectly determined by someone else who is not directly involved in the dispute.

  3. Deals with the issues. Mediation allows the parties to discuss all the problems and issues in the dispute. Rather than continue arguments, come to an honest and agreeable solution leaving everyone feeling happy rather than unhappy.

  4. Saves costs. Mediation is low cost because there are no lawyers involved and no other parties to pay except, in some cases, a mediator may be...

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Checklist

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