Good For Business and Relationships
A well conducted mediation with a skilled mediator can mean that the
parties work on finding solutions to their problems which are
beneficial to their business and personal interests. Bitterly
contested court proceedings can ruin personal and business
relationships. The parties can be distracted from more important
priorities to the detriment of family, business, wealth and health.
Speed of Resolution
Mediations can usually be convened and completed in a short space of
time whereas compliance with complicated and formal court
proceedings and court delays mean that the parties can be locked
into intractable disputes for years.
The costs of mediation are usually a fraction of the cost of full
blown litigation where costs can get out of control and be
disproportionate to the dispute.
Parties retain control
In court control is handed over to a 3rd party to make a decision
after presentation of legal arguments by the lawyers. In a mediation
the parties in dispute retain control and ownership of the process.
In court the issues are limited to narrow legal arguments and may
not address fundamental underlying causes of the dispute. In
mediation the parties are able to vent all their concerns and
explores causes of the dispute. The development of creative options
by the parties can lead to mutually beneficial solutions.
This is particularly so where the parties have an ongoing
Most court decisions are open to the public and sometimes attract
wide publicity whereas most mediations are private and subject to
strict confidentiality requirements.
Avoidance of Precedent
Whilst parties often proceed to court to establish a legal
precedent, sometimes this can be risky if an undesirable precedent
could be set. Some cases are best suited to settlement.
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Melbourne. 3000. Australia.