Mediation

Unlike an arbitration process where an arbitrator is granted a right and power to make a decision about a dispute and require each party to abide by such a decision, a mediator acts as merely a go-between aiming primarily to facilitate communication and negotiation between two parties necessary to reach an amicable solution. The mediator does not decide what is right or wrong and is meant to be neutral and assist all sides of the dispute. The decision power is ultimately in the hands of the parties involved, but certainly potentially guided and influenced by the knowledge, insight and experience of the mediator. The higher the mediator is skilled and well-trained, the higher chance a dispute can end happily for all sides.

1. Benefits of Mediation

Parties remain in control of the situation and solution.

Because a mediator acts as only a go-between, all sides can, therefore, remain in control of the situation and outcomes likely occurring. A mediator cannot impose any settlement upon all parties but only provide a valuable recommendation or suggestion.

2. Everything is confidential.

Unlike court proceedings that can be in the full glare of publicity, mediation occurs in a private meeting attended and participated by only parties involved and a mediator. Everything said at the mediation is entirely confidential to the parties unless it is specifically agreed otherwise.

3. It is a highly-effective dispute resolution process.

Costs in a mediation process are generally greatly reduced in comparison to a traditional resolution process in court. The costs in mediation are also fixed and agreed early on by the parties and mediator, unlike traditional litigation in which total cost can be greatly expensive and unpredictable.

4. Mediation offers a faster outcome.

A mediation process can generally settle on the day or shortly thereafter, depending on a mediator’s skill and capacity as well as the complexity of the case.

5. Mediation helps preserve relationships between parties.

As opposed to aiming to prove each other wrong as in a trial, a mediation session focuses rather on how to settle a dispute in a way more amicable and less stressful, helping to preserve the relationship between both parties.