Why mediate a dispute?
Mediation is a process of resolving conflicts between two or more parties with the help of a neutral third-party, called a mediator. Mediation can be an effective way to resolve disputes in various settings, such as estates, trusts, family, workplace, business, community, or civil legal matters. In this blog post, we will explore some of the benefits of mediation and why you should consider it as an option when you face a dispute.
Some of the benefits of mediation are:
Mediation is voluntary. You can choose to participate in mediation and you can withdraw at any time. You are not forced to accept any outcome that you do not agree with.
Mediation is confidential. The mediator and the parties agree to keep the information shared during the mediation private and not disclose it to anyone else. This can help you to speak freely and honestly without fear of repercussions.
Mediation is flexible. You can tailor the mediation process to suit your needs and preferences. You can decide how often to meet, where to meet, who to involve, and what topics to discuss.
Mediation is collaborative. You work together with the other party to find a mutually acceptable solution that meets your interests and needs. You do not have to rely on a judge or an arbitrator to impose a decision on you.
Mediation is empowering. You have more control over the outcome of the dispute than in a litigation or arbitration process. You can express your views, feelings, and concerns, and you can explore creative options that may not be available in a court setting.
Mediation is cost-effective. Mediation can save you time and money by avoiding lengthy and expensive legal proceedings. Given the delays parties are facing to have matters heard in the civil courts, mediation should be something that all advisors explore as a possibility with their clients.
Mediation can also reduce the emotional stress and damage that can result from a prolonged conflict. Mediation can also allow issues to be discussed that may not be, at first glance, related to the dispute but with spending some time exploring those issues it becomes clear that these are major barriers to one or other party reaching a resolution – something that a court process can never do.
As you can see, mediation has many advantages over other methods of dispute resolution. Almost all disputes are capable of being mediated, whether it be the whole dispute or parts of it that then unlock a pathway for the parties to negotiate their own solutions. Often the barrier to a dispute getting to mediation is a legal (or other) advisor not fully comprehending the nature of the dispute and seeing it as purely a legal rights argument without all the nuance that comes with being human.