- The parties maintain privacy (a important factor to be aware of) and control over the outcome of the dispute.
- Mediations can be organised at relatively short notice and can take place at a location convenient to both parties.
- Mediation takes place in a Private & Confidential forum.
- It is informal (unlike the Courts) and is relatively inexpensive – solicitors or barristers may participate but are not required to.
- It is a fairly quick, non adversarial (and so non-confrontational) approach to resolving party disputes or conflict.
- The solutions may be something that the Courts cannot impose.
- Costs are fixed for the Mediation.
- Court / Judicial delays are avoided and the matter can be brought to a close at the earliest opportunity.
- If a party refuses to mediate, the Courts may penalise that party in the costs order it would make at the end of the hearing.
- Hence, even the winner of the claim/counterclaim may lose considerable amounts of money.
- The Mediation process is ‘without prejudice’ - meaning issues referred to or confessions etc made cannot be referred to in court.
- Mediation addresses all the issues and identifies the underlying problems that the parties have.
- It encourages solutions that fit the parties’ needs.
- Mediation can importantly preserve and enhance your current relationships, while setting guidelines for future relationships – meaning there is no break down of the parties’ relationship.
- Mediation eliminates the unwanted festering and magnification of disputes which accompany costly litigation and court hearings that may be months apart.
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