What is Mediation?
Mediation is a legal process that allows two or more parties to resolve a dispute without having to proceed to trial. Mediation can be an alternative to litigation, or it may be required by the courts before the dispute can proceed to trial. Mediation may be used in a wide array of disputes, including business, estate, and employment matters. Mediation does not guarantee a decision at the end of the process and any decision must be agreed upon by all parties.
Who is a Mediator?
A mediator is a neutral third party who encourages the parties to share information in the hopes of resolving the dispute. The mediator does not have the power to issue a binding decision at the end of the mediation.
The Benefits of Mediation:
- Mediation may be less expensive than litigation or going to trial.
- Mediation is typically confidential, allowing individuals greater privacy when resolving their dispute.
- The parties have a say in the outcome of mediation, rather than having a third party decide the matter.
- The collaborative approach of mediation may assist in maintaining relationships between the parties
The Drawbacks of Mediation:
- There is no guarantee that the dispute will be resolved during mediation
- Unless required by the Court, the party may not voluntarily participate in mediation
- Mediation may add to the costs of the dispute if no resolution is reached and the dispute proceeds to litigation
Conclusion
While mediation can be useful for resolving disputes and has many advantages over litigation and trial, mediation may not be right for every situation. It is important to consider the position of both parties when deciding whether mediation may be the best path to take.
If you or your business are involved in a dispute, contact Prowse Chowne LLP to help you determine whether mediation is right for you or to assist you in the mediation process.