- Speedy
There can be little more damaging and socially destructive
than protracted litigation - it terminates businesses, destroys
marriages, and damages health. A mediation can be set up in a
matter of weeks, if not days. It
thereby avoids the many undesirable consequences of protracted
litigation, and prevents the inevitable drain on costs and
resources.
- Low cost
The cost of mediation can start at just over £100 per party. It
usually takes a matter of hours to complete and very rarely
lasts more than one or two days, with very limited preparation
involved - so costs can be kept to a minimum. See our
costs page where you will find that the
average cost of a commercial mediation will be in the region of
only £850 plus vat per party.
- Parties retain control over the outcome
In litigation, parties relinquish control of their dispute: the
lawyers and the Courts control the procedure, the level of disclosure, the
evidence to be given, and the Judge has exclusive control of the
outcome. In mediation the parties retain full control of the
entirety of their dispute, allowing them to reject settlements
with which they do not agree, and enabling them to reach more
creative settlements or just ‘good enough’ settlements with
which each party can readily live.
- Informal
The mediation process is entirely informal, with no rules of law
or procedure - other than confidentiality - and consequently parties
find it considerably less stressful than going to court. Parties
are unfettered in what they can say, and who they may bring to the
mediation, and what documents they wish to produce or disclose.
- Preserves relationships
Parties who end up in court, with a winner and a loser, will
rarely be able to continue any commercial, contractual or other
relationship. Mediation on the other hand, allows parties to reach
settlements with which they are both content, thereby enabling
them to continue with pre-existing business or other relationships.
- Preserves privacy
Litigation often attracts unwanted publicity, with
parties obliged to ‘wash their dirty linen in public’. Mediation
is totally confidential with each party retaining complete
control over whether and what matters can be revealed.
Confidentiality clauses are also frequently included in
settlement agreements.
- Diminishes imbalances of power
Parties often feel overwhelmed when fighting large corporations
- at mediation they are simply individuals around the table, and
an effective mediator can protect parties against such power imbalances.
- Therapeutic
It allows the parties their day in court more effectively than
by going to court itself by allowing each person in dispute to
be truly 'heard', to have their full and frank say to the mediator
as well as to the other side in a 'safe' environment. It also
facilitates apologies to be given or explanations made - which
is often what parties really want.
Home