4 REASONS TO MEDIATE

Since the decision in Churchill, parties are required to mediate. Aside from any possible benefits of mediation, it is worth noting that court delays mean parties are waiting over 52 weeks for cases to be heard at court.

Here are 4 reasons to mediate:

1.    Narrow the issues

Although mediation can in many cases save parties going to court, we also know that not every situation can be resolved this way, but mediation can narrow the issues and thereafter the parties can focus on the main issue(s) in contention if or when they do go to court.

2. Reduces cost

Meditation can cost less than going to court and with the increase in court fees, being able to resolve issues without going to court is a good reason to consider mediation.

3. Is forward looking, litigation is backward looking

During mediation parties look for ways to agree, litigation looks back at what has happened and tries to determine who is/was right. Focusing on a solution rather than laying blame is far more productive and useful. Better that the parties work through agreements on their own terms versus being told by a judge what the outcome will be.

4. Puts you in control of the outcome/solution

The parties are in control of reaching a solution, unlike in a court where a judge or arbiter makes the decision, with the guidance of the mediator who is neutral and is there to assist, the parties can actually reach a decision or solution that they are all comfortable with.

Whatever your thoughts may be on mediation the fact is there are certainly many positives that make it a worthy consideration. Although mediation may not be for everyone, there are many other reasons to consider mediation.

Would you agree? Share your thoughts and experience of mediation. Or if you require mediation get in touch to discuss how we can help.