“Alternative Dispute Resolution is not just an alternative to litigation, but may

also be the most appropriate way to resolve a dispute.” 

The prerequisites for mediation

Coming to mediation requires mainly a willingness to resolve a dispute. Not being able to see a way forward is not necessarily a barrier to a negotiated and successful outcome. Mediation can be the vehicle for providing new and creative ideas and solutions for what may seem an intractable dispute or conflict.

Mediation compared with judgement

When a third party, such as an arbitrator or judge, makes a binding decision which is not in your favour, you may feel powerless, frustrated and angry. By using mediation, both parties stay in control of the input, try and see each other’s point of view and have equal involvement in the outcome. The parties resolve their own dispute by having their own needs and concerns addressed.

How Mediation is different

Mediation differs from more formal types of dispute resolution, such as the courts, in that your concerns, interests and needs are identified and addressed. It recognises that both sides have competing ideas which must be considered. It attempts, through negotiation, to arrive at solutions both satisfactory and liveable to both parties.

 

 

 

 

 

 

 

      

The advantages of mediation are multiple and compelling

Cost Effectiveness
Compared with ongoing legal fees and costs associated with going to court, mediation is inexpensive.

Empowerment
It is the parties themselves who take control and make the decisions at mediation – not the mediator, judge, lawyer or anyone else. Mediation aims to maximise self-determination of the parties.

Understanding
A very important component of mediation is the understanding by the parties of the issues underlying the dispute or conflict. This is vital if the dispute is to be resolved.

Relationships
If the relationship between the parties is important, mediation is far more likely to help preserve that relationship than more protracted and litigious approaches.

Time
Mediation is a relatively quick method of resolving a dispute. Unlike the courts, which dictate dates and times, and where delays are unavoidable, mediation can offer the parties flexibility and a swift response to enquiries.

Prevention
By directly addressing the needs and concerns of the parties, and the causes of the dispute, mediation is much more likely to bring about a successful and long-lasting resolution and prevent further misunderstandings.

Confidentiality
All content of mediations is confidential and the mediators are bound by this confidentiality, unless the law provides otherwise. This is to be compared with the courts, which are, mostly, open to the public and the media.

Voluntariness
Unless ordered by the courts, the parties attend mediation in a voluntary capacity. This acts to further empower the parties.

Unexpected outcomes
The process of mediation allows for creative outcomes or solutions. The assisted dialogue between the parties can uncover options and solutions not previously thought of.