The Pros and Cons of Mediation

Mar 9, 2021 Business Success

Mediation is the process of dispute resolution that is carried out in order to reduce high cost and solve disputes before it goes to a legal court. This process of mediation is done privately between the related parties and their lawyers; it is off the record and is usually carried out to help reaching a resolution without the involvement of the courts. The mediator is a neutral third party who helps the parties present their case but does not get involved in it.

They provide the grounds for a discussion and resolution and are in charge of how the proceedings take place. Most people especially when concerned with civil cases would rather go through the process of mediation than going to courts as it is costly, time consuming and the decision is not mutual. However just like anything there are the pros and cons of this process. Here are some of them.

Pros

It’s Less costly

Although this is a private proceeding, it costs significantly less than going to courts. You may still have to pay mandatory fees such as for your Attorney but is negotiable depending on the case. This method is more suited for cases that do not necessarily seek legal advise.

Quicker and swift resolution

The role of expert mediation lawyers is to allow different parties to present their arguments. They control and provide a neutral environment to help conflict resolution come better. Due to this process being off the record the parties are allowed to arrive at a resolution without the interference of legal advises and courts.

Parties are in control of the outcome

When it comes to civil cases most of them are solvable through simple negations, the process of only including a mediator helps to tone down the environment to help a healthier negotiation. While the mediator is still in control of the meeting, the parties are allowed to discuss terms that suit them both thus making it a better option than going through a legal process.

Cons

There is no agreement

Unlike an official legal discussion when there is a mediator involved there is no agreement to terms and conditions. Meaning parties are not required to show up for discussions or meet any of the conditions verbally discussed. Since this is off the record the liability is also limited. Therefore in the event a discussion is not going well there is a chance one party can withdraw or change their conditions without giving warning or reason.

Lesser regulations and rules

This sort of discussion is not advised for all types of cases simply due to the lack of regulation and proper ruling. There is a chance that one party can over throw another without legal consequences. The lack of regulation makes it unsafe in some cases where going to a court can serve better justification. In the event the case becomes non negotiable it might have to go through legal procedures in order for it to be solved.

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