5. Cost - Mediation less expensive than a trial,
4. Time - Mediation can be quicker, both in terms of getting a date for the mediation session and the duration of the process. Mediation is often concluded in one day, and the parties leave with a signed agreement; a trial may last more than one day, and then the judge may take weeks or months to deliver the decision.
3. Flexibility - Mediation also offers more flexibility. Dates, times and locations can be negotiated to suit your specific needs; mediation can also lead to more flexible solutions – parties may agree to a settlement scheme that is outside the Courts’ jurisdiction.
2. Control - parties decide on the outcome
The Number 1 reason to try mediation before going to court is that people like it!
A new study by Donna Shestowsky, law professor at the University of California Davis found that litigants in civil matters prefer mediation, trials before judges and negotiations that include participants along with their attorneys more than all other forms of alternative dispute resolution.
So before you start court proceedings, why not try mediation?
Rebecca Carroll-Bell is The Everyday Mediator – passionate about managing, resolving and preventing conflict in everyday life Rebecca Carroll-Bell is an experienced conflict manger, conflict resolution expert and mediator. In addition to helping you manage, resolve and prevent conflict in your everyday life, Rebecca provides coaching, mentoring and support to other mediators and lawyers wishing to market and promote their practice on a shoe-string budget.
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Neil Steggall, Partner at Wardour Capital Partners
A great article Rebecca. I had lunch today with some of my social media contacts and the subject of litigation came up. The clear consensus around the table was that if a matter reaches court it has to be seen as a failure of all parties. In most of the contracts we enter into we now stipulate that mediation has to be a part of any dispute resolution, not just for the reasons you outline above but it comes back to that core feature....respect!
Wendy Huang, Full Time Blogger and YouTuber at A Custom Blog in 4 Minutes
Thanks for the article Rebecca :)!