Five Benefits Of Mediation

In a world of growing conflict and varied opinions and points of view, disputes of all kinds arise with increasing frequency. Mediation offers many advantages as a resolution process.

Simplicity. The parties involved in a dispute many be governed by different laws and regulations. Mediation offers a single platform where they can meet on equal terms without the conflicts being exacerbated by varying governing laws. No party can have a "home court" advantage.

Speed. Disputes that are taken to court can often take years to settle. If one party is dissatisfied with the judgment, the multiple levels of appeal that are available can extend the process to the point where none of the parties receive any real benefit. With Mediation, a dispute can be resolved in a matter of weeks or months and action to initiate the settlement can commence immediately.

Control over the resolution process. Unlike a court where all parties involved are bound to agree to predetermined processes, in Mediation the disputing parties can define the process to be followed and the time frames. Not being bound by court procedures, Mediation allows the parties more freedom to present their cases and allows for the introduction of relevant issues and facts that may not be considered in a court of law. Creative and unconventional resolutions that may offer more satisfaction to all concerned may be adopted if the parties involved are agreeable.

Confidentiality. Mediations are conducted in private so the pressure of public opinion is removed from the equation. The parties can focus on the merits of the case and finding a mutually acceptable solution without worrying, for example, about shareholder pressures which may not be as attuned to the matter at hand as the "hands on" people involved in the process. The agreed resolution can also be kept confidential so impact of any negative outcomes need not be publicized.

Not an adversarial process. A court of law is a battle ground with opponents pitted against each other. The result is usually "either / or" – a winner and loser are defined. The bitterness felt by the loser can affect other associations between the parties and the possibilities of future collaborations. Even the winner may find the result to be unsatisfactory. With Mediation, the possibility of compromise is much higher and win-win solutions that leave neither party dissatisfied are more likely to emerge.

In business, time is money and the speed with which Mediation functions is a major advantage. Additionally the neutrality, confidentiality and space for compromise that Mediation offers leaves the door open for future association between the parties currently in dispute.

Author Bio:
The Stitt Feld Handy Group offers mediation and arbitration services through ADR Chambers. The Group also provides training in negotiation, Dispute Resolution Courses and Mediation Workshop involve a combination of case studies demonstrations, and videos.