Benefits Of Mediation
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There are several benefits of mediation when compared to Court action, an Employment Tribunal or other formal practices, the main ones are as follows;
Save money – mediation costs are more cost effective, less expensive, cheaper, and a fraction of the cost of expensive Court and Employment Tribunal actions.
Save thousands of pounds on expensive Court, trial, tribunal legal, Solicitors, Barristers and experts fees.
Equally for employment and workplace disputes save money on formal procedures, wasted productivity, manpower and resources in investigating and resolving disputes.
Save time – mediation is quicker and the process is much faster than entering into lengthy Court, Employment Tribunal (civil / commercial litigation process).
At Effective Dispute Solutions Limited we can get a mediator to you within 2 – 5 days and undertake the mediation within half – 1 day. Typically Court, Employment Tribunal actions will take on average 30 weeks, months if not years to get to a final hearing.
Although some family disputes such as divorce or separation can take up to a number of sessions over a few months they will still be quicker than going through Court.
Informal – no Court, no Judges, no tribunal. No giving witness evidence, no cross examination!
No solicitors, if you chose not to appoint one. No experts, social workers etc if you wish.
Mediation procedures are less formal, less intimidating and can take place in a neutral venue of your choice.
Such as your solicitors office, your place of work, your home or a neutral local accessible venue if you prefer.
Less damaging – mediation can help to repair, preserve, strengthen and maintain pre existing or new relationships which could have been compromised by litigation, Court or Employment Tribunal actions, for example;
- Commercial / business relationships, allowing for trading between one another to continue.
- Workplace employment relationships so that individuals can continue to work alongside each other in a peaceful constructive manner.
- Family relationships especially where children are involved.
Easier to keep control – mediation allows you to make your own decisions and to design your own outcome.
You decide on what course of action should be taken and what you want the outcome to be.
You get to negotiate it, unlike a Judge or Arbitrator deciding for you, and imposing an outcome on you, regardless of whether you agree to it or not.
Confidential – the mediation process is completely confidential. Therefore sensitive data is protected, and your privacy is assured.
Therefore any discussions, agreement are private, and cannot be disclosed to anyone who was not party to the mediation.
Being an attempt to negotiate a settlement of your dispute is entirely without prejudice. Which simply means, if court action continues if a settlement is not reached, the parties can’t refer, rely on what happened at the mediation.
Nothing to lose – if an amicable agreement cannot be reached you have lost nothing. It could be argued if the mediation does not result in a settlement, more time & money has been lost?!
True, however, 1 day, & the mediation cost being a fraction of your litigation bill, in the larger scheme of things is negligible.
Your legal rights will not be affected, whereby if you wish you can still go through Court or other practices to try and resolve your dispute.
Various outcomes – Court litigation and Employment Tribunals usually only provide a winner and loser, and for a monetary outcome, mediation allows for a win win outcome and can provide one or a combination of the following outcomes; compensation, damages, a refund, an apology, an explanation, replacing goods or a change in policy or behaviour to mention a few. Therefore as you can see the benefits of mediation are enormous.
