Ten Advantages of Mediation
ADVANTAGE: MEDIATION IS INFORMAL
An advantage of Mediation is that it is a far more informal process than the traditional adversarial route. Mediation is not governed by Court Rules or the Law of Evidence. Mediation does not take place in a Court and can where Online Mediation is used take place from the comfort of one’s own home.
ADVANTAGE: THE PARTIES MAKE THE FINAL DECISION
A Mediator is not a Judge. The Mediator merely helps the Parties to work towards settlement of their dispute. The Parties make the decision on what their final settlement will look like. This process is not a unilateral one. In other words one Party alone does not decide the outcome. Both Parties play a critical role in determining whether there will be a settlement. Each Party holds a fifty percent veto right on whether to accept the other’s proposal. The principle of Party self-determination ensures that Parties are better able to come up with their own solutions to meet their family’s needs. Self-Determination includes the Parties’ right to terminate the Mediation and take the matter to Court.
ADVANTAGE: MEDIATION HELPS PARTIES FIND WORKABLE SOLUTIONS
All proposals put forward by the Parties are assessed from a reality- testing perspective. In other words, solutions must be realistic and workable. Mediation focuses on the future and what that future will look like through each’s Parties’ eyes. Mediation does not get caught up with the past and assessing past conduct – that is what a Court will do.
ADVANTAGE: MEDIATION HELPS TO REDUCE LEVELS OF CONFLICT
Mediation has the effect of reducing the conflict between the Parties. By retaining a future-focus it prevents arguments about right and wrong from developing further. It avoids exacerbating the hostility between the Parties.
ADVANTAGE: MEDIATION PRESERVES FAMILY RELATIONSHIPS
Mediation preserved delicate family relationships. Litigation on the other hand can and does destroy family relationships.
ADVANTAGE: MEDIATION SAVES TIME
Mediation is not bound by time rules. It is a process that can take place at any time, and at any place. Because it is an informal process, it is not dependent upon the availability of a Court nor is it dependent upon the availability of a Judge. All it requires is a time and date when the Mediator and the Parties are available.
ADVANTAGE: MEDIATION SAVES MONEY
Fighting a matter in Court is expensive. Litigation has many hidden costs – Mediation does not have hidden costs.
ADVANTAGE: MEDIATION IS VOLUNTARY
Parties are free to choose is they want to attend Mediation. Because they can choose if they want to settle their dispute and how they want to settle it, they are much more likely to abide by what they have agreed on. The impact of this is that they are less likely to have ongoing future disputes about the Agreement they have jointly agreed upon.
ADVANTAGE: THE MEDIATOR REMAINS BALANCED AND NEUTRAL
The Mediator does not judge the Parties. The Mediator does not judge the issues in dispute. The Mediator’s role is that of facilitating discussions to help the Parties resolve their dispute and reach a settlement agreement.
ADVANTAGE: MEDIATION IS CONFIDENTIAL & WITHOUT PREJUDICE
All discussions held during the mediation are confidential. Decisions are not binding unless they are reduced to writing and signed by the Parties.