There are several Alternative Dispute Resolution (ADR) methods available to you. The main three are:
Mediation requires an unbiased and impersonal person who assists the parties in the negotiation. She plays a key role in helping the parties find a common ground and come to a resolution which all agree on. She does this by:
- Ensuring open communication between parties
- Offering viable solutions to resolve the dispute
What are the benefits of mediation, which negotiation, arbitration or a court does not have?
1) Less Expensive
Pursuing a case in Court is an expensive affair. The Court and legal representatives charge for the time taken. And further considering that Court cases are time-consuming, this results in a large financial burden on the parties.
The cost for mediation usually extended to the cost of the mediator. There are several government-approved mediators who charge a nominal cost.
2) Less Time-consuming
As mentioned in the previous point, mediation is not a time-consuming process. Trial delays are not uncommon in Canadian Courts and a case can take anywhere from 2 to 5 years. This is one of the reasons that makes mediation quite appealing. A mediation, on the other hand, has a much more flexible process and the mediator has sufficient free time to ensure its quick resolution.
3) It’s Flexible
In comparison to negotiation, arbitration and a court settlement, mediation allows for certain flexibility. A mediator is not completely bound by the rules which a court or an arbitrator is. She can suggest unconventional resolutions for the parties to come to an agreement.
Additionally, the parties have a much greater say, which results in a resolution that the parties can agree with.
4) Preserve Relationships
The parties at dispute have a prior relationship, which could be personal or professional. A key aspect of mediation is a collaboration between all the parties. This ensures that the relationship between the parties does not get strained or breaks down. The mediator performs the job of ensuring the communication remains civil.
5) It’s Confidential
Mediation is a closed-door process that only concerned parties are allowed to attended. The parties are not allowed to reveal any of the deliberations to the public. Furthermore, there are no transcripts or records that can be introduced as evidence in the Court later on. This makes sensitive disputes like business-related ones perfect for mediation.
6) No Win-Loss Outcomes
Arbitration and Court cases often lead to win or loss outcomes for the involved parties, as the judgement rules in favour for the legally-correct party. That is not the case for a mediation. The parties collaborate together to find a solution they can all agree on. This often results in compromise, but the end product is that all parties are satisfied.
Such benefits of mediation make it a good option to resolve a dispute.