There are many advantages to mediation. Mediation is an alternate form of dispute resolution in which the parties try to solve their issues among themselves, with the help of a neutral third party, before heading to court. The role of the mediator is to help identify the core issues and determine a mutually agreeable solution. While not applicable to every dispute, when it can be used, there are many advantages to mediation.
Mediation leaves the power with the parties involved
As mediation is voluntary and requested by the parties involved, it allows the parties to maintain control and power over the outcome. The mediator ensures that all parties are heard and helps them express their needs in a clear and balanced manner; ultimately, reaching a compromise that is in the best interest of both parties.
Mediation is completely voluntary
Unlike other forms of dispute resolution, mediation is completely voluntary and not legally binding. The role of mediation is to help the parties reach their own decision.
Mediation settlements are faster than the court system
Good or bad, our current court system is slow; it can often take as long as a year to get a court date and multiple years if a case is appealed. The mediation process can provide a more timely way of resolving disputes.
Parties are more satisfied with the outcome
Because both parties are involved in the settlement process and the decisions are not imposed by a third party decision-maker, they are generally more satisfied with solutions.
Mediation allows for more amicable settlements
Disputes, especially employment disputes, may still result in future dealings. Mediation can help the parties reach a mutually agreeable solution that will make future dealings easier and more professional.
Mediation allows for customized and inclusive agreements
Mediated settlements are able to address both legal and extra-legal issues; including, procedural or psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation; giving each party a greater sense of autonomy, power, and satisfaction.
Mediation is less costly and more personal than litigation
Litigation can be overwhelmingly expensive. The advantages to mediation are that it is a significantly less expensive and more casual alternative. Parties are encouraged to become casual collaborators as opposed to stiff adversaries. In addition, mediation is a closed and private process; thus, delicate employment matters can stay personal and private.