What are the Benefits of Mediation?
Mediation is an important way to resolve conflicts in the judicial process and has good social effects. Before initiating the litigation process, mediation is beneficial to all parties with conflict interests.
- First, mediation held by a third party will allow both parties to resolve the conflict before going to court.
- Second, mediation can avoid most of the subsequent litigation process (court, second instance, etc.), save time and cost in dealing with conflicts and reduce economic expenditure.
- Ultimately, “the money you get is the money you earn.” As soon as the mediation result comes out, you can receive the mediation money soon, without waiting for the judgment from the court.
During mediation, although the plaintiffs usually make some concessions, in general, the plaintiffs will get the claims quicker (should the defendants fail to comply with the mediation agreement, it will be another story). Moreover, the defendants can concede less, and they can also avoid Distraint (the seizure of someone’s property to obtain payment of rent or other money owed) from the court.
Generally speaking, the advantages of mediation outweigh the disadvantages. The only disadvantage of pre-litigation mediation is that mediation has almost become a necessary stage for most cases (except for pre-litigation Preservation) due to the enormous caseload the court has to handle. Mediation is a voluntary process. The promises made during the mediation stage cannot be used as evidence in court. It is always good to attempt to resolve with the court, and it will save both parties the headaches of going through legal procedures.
Benefits of Mediation
Mediation is an informal method of conflict resolution; that is, a negotiation between parties with the help of a neutral third party or mediator. During mediation, all parties can vent their grievances, eliminate misunderstandings, and reach an amicable agreement.
- Saving time leads to a faster resolution. Depending on the issue at hand, the mediation process may take hours to days with the potential to resolve the issue. That’s a shorter time frame than the court system, which can take months or even years to resolve disputes.
- Mediation costs less. You will spend less money on resolving disputes through mediation than litigation. Mediators’ fees are generally lower than lawyers’, and half of the mediation costs can be borne by the other party. Plus, since the process usually takes a short time, it means lower overall costs.
- The court approves the result. The mediation process uses an informal court environment; the parties can talk more about issues without being held back by rules and regulations.
- Mediation provides confidentiality. Court cases are public affairs, and all records will be public. Mediation, however, is usually confidential, and whatever you talk about and what you conclude will be kept inside the house, with a nondisclosure agreement between the parties. It’s kept confidential from everyone except the credentialing judge.
- Mediation is voluntary. The mediation process is voluntary, and both parties have the right to opt out of mediation and return to litigation at any time.
- Protect relationships. Mediation is an informal communication form, meaning the relationship between the involved parties can remain intact. Whether it’s a business partnership or a family dispute, both parties have the opportunity to work things out without being hostile to each other. Communication in the presence of a mediator is generally better and more effective.
- Mediation provides flexibility and control. In mediation, all parties have a say in how negotiations are conducted and even the outcome of the mediation.
- Mediation complies with laws and regulations. Mediation is more effective than traditional litigation. In addition, issues are resolved through all parties’ approval; thus, all parties involved are more likely to facilitate dispute resolution.
- Convenience. Mediation is often more convenient than the court system. Parties in a dispute can choose a neutral venue that suits everyone. Likewise, they can agree on the best time for a mediation session.
- Support from experienced mediators. Even in complex cases, the mediators have experience in dealing with conflicts. Generally, they can guide the stubborn party by providing similar circumstances, and all parties can get corresponding help from the mediator.