Benefits of Mediation
Generally, mediation is a process where parties attempt to negotiate in the presence of a mediator with a view to resolve the legal dispute. There are several considerable benefits to this process:
- The most obvious and important benefit of a successful mediation is that the legal costs will be reduced in comparison with running a litigation matter in court.
- The nature of mediation is not adversarial.
- The parties at the mediation will be benefit from the support of a mediator who will be neutral and aim to achieve a mutually beneficial outcome at the mediation.
- At the mediation the parties will have a better understanding of their respective expectations and will be able to work towards achieving a mutually accepted resolution whereas in court the outcome is more likely unpredictable.
- During the process of mediation, the parties may consider each party’s legal costs and reach a resolution that would be best accommodating in relation to the legal costs. However, even in case of a successful litigation, the issue of the costs will be considered separately by the courts.
- The process of mediation is significantly quicker than the outcome of litigation in court.
- The stress and at time traumatising effect that a court proceeding may have on individuals could be avoided in the process of mediation.
- The mediation is in a more relaxed and comfortable atmosphere where each party has its own separate room with their own legal representatives.
- The parties to the mediation have a control over the resolution of the dispute and they can decide on the issues to be raised during negotiations and other issues that could be agreed on without admission.
- The negotiations and process of the mediation are confidential, and the records will not be kept. This will allow the parties to engage more honestly and voluntarily in the negotiations.
- Courts will generally welcome this process as it will reduce the courts’ workload.
- If a resolution is not achieved during the mediation and the matter proceeds in court, the issues of dispute are most likely identified at the mediation and therefore the time and costs spent in court may be considerably reduced.
There are several benefits in attempting to resolve a matter through mediation. As mentioned by Chief Justice JJ Spigelman, Chief Justice of the Supreme Court of NSW:
“The success of mediation cannot be measured merely by savings in money and time. The opportunity of achieving participant satisfaction, early resolution and just outcomes are relevant and important reasons for referring matters to mediation.
One of our experienced solicitors will be able to assist you in assessing your case or answering your questions in relation to mediation and dispute resolution process. Feel free to contact our office to speak with one of our friendly solicitors today. Call our office on 02 9251 3611 or email us at enquiries@pavuklegal.com.
