Why mediate?

Mediation offers a number of key benefits:

From communication…

  • The parties have an opportunity to free up communications, to have their say and to tell others exactly how they see the problem in a confidential, non-threatening atmosphere, without prejudice to their rights. Misunderstandings can often be cleared up.

  • Disputing parties can better understand how the others see and feel about the problem.

  • The process is as confidential as the law allows, allowing the parties to avoid adverse publicity or the disclosure of sensitive information.

And problem-solving…

  • The control of the dispute resolution is put in the hands of the parties themselves, who are those best equipped to find the most appropriate solution in view of their individual needs and interests.

  • Business and personal relationships can be maintained and even enhanced by the co-operative, problem-solving approach that mediation offers.

  • It is possible to identify and explore all the issues, including those that may not be revealed in litigation or arbitration because of the application of the rules of evidence.

Through to resolution…

  • While the past and any ‘rights’ and ‘wrongs’ are acknowledged, the focus is on the future.

  • A full range of solutions can be explored (unlike the limited remedies which can be awarded by a judge or arbitrator).

  • Parties can achieve procedural and psychological as well as substantive satisfaction by having their needs (and ‘wants’) identified and addressed.

  • Mediation is usually significantly cheaper and quicker than litigation or arbitration, minimising lost productivity and management time, and can be arranged to suit the convenience of the parties.

What happens at mediation?