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 paid a fee by the two parties.

  5. Speed. Mediation is considerably faster than going through the process of arbitration or mediation.

  6. Confidential. If the parties are in dispute it is still a good idea from the point of view of each party to keep things confidential and deal with it privately together. There are many issues that are commercially sensitive and you would not want your business to be thrown into a bad light in the market place because of a leaked rumour which is misconstrued or incorrect.

  7. Relationships can continue. Mediation can be carried out in such a way that the relationship between the parties can continue amicably simply because for mediation to be completed both parties would have agreed to the final resolution decision. This consensus decision is a good foundation for the parties to continue to do business together. We all know that once you go to court that can destroy relationships and that is businesses as well as other types of relationships.

  8. Satisfaction. Mediation process has a very high satisfaction rate. This comes about because there are no lawyers involved, the matters are not discussed in terms of legal issues, but on real issues and the two parties come to an agreement between themselves under the assistance or direction of an independent party.


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