Why Consider Mediation?

With so many forms of dispute resolution available why should you consider mediation?

Mediation works
Perhaps the most compelling reason anyone involved in a dispute should consider mediation is that it works. 80% of all cases that enter mediation are settled. Contrast this to the litigation process which is unpredictable, produces winners and losers and the remedy is blunt and offers limited solutions. In mediation you retain control of the process compared to litigation where even the best cases are not certain to succeed.

Mediation costs less and takes less time
If mediation is effective you can avoid the perils of litigation which is unpredictable, costly and time consuming. A conclusion can be reached much sooner through mediation than by using the legal process. Even the most complex cases can settle within a couple of days, rather than the weeks, months or even years that a Court case could take.

Mediation is a commercial solution
Mediation is particularly useful if you wish to keep an ongoing relationship with the other disputing party. If you go through the pain and expense of a Court based dispute it is very unlikely you will end the process feeling able to work with the other party ever again. The nature of the mediation process tries to keep conflict at bay and work to the requirements of both parties, meaning that no one should feel like a ‘loser’ in the dispute. A mediator can help test issues and change party’s positions without loss of face. A party may be more likely to give credence to it.

The parties retain control of the process rather than having a result imposed by a 3rd party such as a Judge. This allows a relationship to continue through the process of mediation.

Mediation is confidential
Although you might think that all dispute resolution is confidential, that’s not true for cases that go to Court. Any case going through the Courts is in the public domain and if the case shows you or your firm in a bad light it can damage reputation, which is something a number of companies have discovered to their cost.

Companies in dispute with employees over accusations of racial, sexual or age discrimination could choose a mediation process over the Courts and reduce the likelihood of the case getting into the hands of the press.

Mediation is less formal
However this should not detract from the intensity of the process but mediation is a more relaxed forum than the Court process. Clients like it because they can resolve disputes in a way that they are familiar with, namely negotiation. Whatever the rights and wrongs of the dispute a CEO of a business is not going to like being cross-examined in a witness box.

It is also worth considering how mediation differs from other forms of dispute resolution.

Free mediation assessment
Unsure whether your dispute could be settled through mediation?

Take advantage of a free half hour telephone assessment with Human Law Mediation. Complete our enquiry form here or call Human Law Mediation on 0844 800 3249.