Advantages of mediation

The main advantages of attempting to reach agreement by mediation are:

• You are directly involved in negotiating your own agreement;

• Preparation for mediation is far easier and simpler than is required to prepare for arbitration or litigation;

• No settlement can be imposed upon you (as happens in litigation or arbitration);

• The proceedings are conducted in private, and you are in control of your own position.  Mediation is not subject to public knowledge and possible media attention as can be the case with civil litigation;

• Because mediation can be used early in a dispute an agreement can be reached more quickly than may be the case when pursuing the problem through the courts;

• You have the services of an experienced person who can aid your negotiations, and assist in achieving a quick settlement;

• Generally the cost is greatly reduced in comparison with pursuing the matter through the courts or arbitration;

• The mediator may be able to explore alternative solutions that may not have been considered by the parties or are not possible or available through the courts;

• It is possible to re-establish a positive relationship between the parties once the dispute is resolved;

• If the mediation is unsuccessful you have neither prejudiced or sacrificed any legal rights nor delayed significantly any ultimate settlement by the legal process;

• If the mediation is scheduled as a med-arb process, it is virtually a guarantee that there will be a full settlement on all issues by the end of the med-arb process.