Disputes often give rise to anger, frustration and mistrust. Beyond being simply unpleasant, these feelings cause real damage to our health and wellbeing. For many, these might be reason enough to avoid them.
When the #litigation process emphasises the points of disagreement and contention with other parties, it can amplify these feelings. #Mediation on the other hand, focuses on shared interests, compromise and co-operation. This delivers direct benefit to ALL parties invol
Resolving disputes is often costly. Most obviously, parties in dispute typically employ lawyers for advice on their legal position and to represent them before other parties and the court. This makes perfect sense - law is a specialist subject and the implications can be significant - but can be expensive.
I don't doubt most lawyers provide valuable and specialist advice, and it is imperative that everyone has access to legal advice and representation to protect their rights
In my experience, confidentiality is one of the most undervalued but important advantages of #mediation over #litigation.
Confidentiality (and being without prejudice) protects parties from jeopardising any future court claim. This liberates all involved to explore and negotiate terms that they might otherwise refuse to entertain, or at least refuse to reveal to the other party. This is critical to the open and collaborative dynamic that helps make mediation so effective for
Mediation has many well-documented advantages over other methods for resolving civil and commercial #disputes, but which are the most powerful? Control is always important, but in #disputeresolution it can be critical. In this context, parties retain control as they cannot be forced into any resolution or outcome that they are not satisfied with. No judge or arbiter will decide who wins and who loses, nor the terms of the agreement. Rather the mediator works impartially on th