Is Mediation Right for You?

Mediation is a process that allows an impartial third party to provide assistance between disputing parties to navigate them towards a mutually acceptable resolution. It is an interactive process that utilizes specialized negotiation and communication techniques to resolve conflicts.

Following are some of the advantages of this process:

It is Economical

Confidentiality

Final Decision is in Clients’ Hands

It is Economical

Confidentiality

Final Decision is in Clients’ Hands

Points to Keep in Mind for a Successful Mediation:

Presence of Decision Makers

It is important that the participants in the Mediation process have the authority to make a decision. In other words, the individuals who have the power to accept any offer of resolution made by the other party should be present during the Mediation session.

Supporting Documents

Relevant documents can be invaluable in achieving a resolution. It is important to have all the necessary documents physically present during Mediation session.

Future in sight

It is always helpful if parties focus on the future and not the past. Reason should rule instead of emotions.

Be flexible

Parties in dispute should come to Mediation keeping in mind that they may have to exercise flexibility in their approach. There always is a possibility of some give-and-take in the Mediation process. Also, it is important not to overestimate the value of having your day in court.

Structure a deal

In Mediation, the goal is to construct a deal rather than trying to go home as a winner. If the parties keep in mind what effect their demands would have on the other party, just this understanding will make the Mediation process much more workable for both the parties.

Duration of Mediation

How long would a Mediation process take to conclusion can vary depending on the complexity of the case and the willingness of the parties to reach an agreement. In general, Mediation is a much faster process than litigation. But, by and large, most Mediations may be completed in a matter of hours (or days).

Does every Mediation have to be successful?

No, not necessarily. Not every Mediation has necessarily to be successful. The success of a Mediation depends on several factors, including the complexity of the case, the willingness and flexibility of the parties to reach agreement, and indeed the skill of the mediator to navigate parties towards a mutually acceptable resolution. According to a survey conducted by Legal Aid Ontario, the proportion of family law cases that resulted in a full or partial settlement through Mediation ranged between 73% and 90% depending on the region. Another study found that the average success rate of Mediation is between 70-80%. In the cases where Mediation is not successful, the parties may need to pursue other options such as litigation or arbitration.

Prerequisites for Mediation

The prerequisites for Mediation can vary depending on the type of Mediation and the involved parties’ situations and objectives. However, there are some general requirements which are common to most Mediations:

Willingness to participate :The parties involved in the dispute must be willing to participate in the Mediation process. Mediation is a voluntary process, and it cannot be forced on anyone.

Act in good faith: All parties must participate in the Mediation process in good faith. In other words, they must be honest and open about their positions and that they must be willing to work together towards a resolution.

Confidentiality: Mediation is a confidential process, and all parties must agree to keep the proceedings confidential. In the event the Mediation is unsuccessful and the matter proceeds to court, with few exceptions, the Mediator will not be asked to appear as a witness.

Impartiality of Mediator : The Mediator must be an impartial third party who does not have any stake in the outcome of the Mediation.

Authority to settle : All parties to Mediation must have the authority to settle the dispute; they must have the power to make decisions on behalf of their organization or themselves.

Importance of Restoring Relationship in Mediation

Restoring relationships is one of the key goals of Mediation. Mediation is a process that allows an impartial third party to navigate the disputing parties towards a mutually acceptable resolution. It is an interactive process that uses specialized negotiation and communication techniques to resolve disputes and conflicts. One of the main advantages of Mediation is that it can help preserve relationships that might otherwise be damaged or destroyed by a dispute.
In many cases, restoring relationships is just as important as resolving the underlying dispute. Mediation can help the disputing parties to communicate more effectively, to understand each other’s perspectives, and to find common ground. Ideally, this should lead to a more positive relationship among the parties, even after the dispute at hand has been resolved.

Comparison of Mediation versus Litigation?

Mediation and litigation are two methods of alternate dispute resolution. The primary differences between the two ADR streams are as follows:

Strict Confidentiality : One of the prominent features of Mediation is its confidentiality. Details of a dispute resolved through Mediation are kept private. Litigation, on the other hand, is a matter of public record. Details of a dispute resolved through litigation is a public matter and anyone in public can have access to such records.

Control over outcome : In litigation, the final outcome of the dispute is determined by a third party, i.e. a judge or a jury. In Mediation, the parties involved in the dispute remain in control of the final outcome and can choose to accept or reject any proposed settlement.

Adversarial vs. Cooperative: Litigation is an adversarial process while Mediation is a cooperative process. In litigation, the parties involved in the dispute are confronting each other with each side trying to come out as a winner in the end. In Mediation, on the other hand, the parties work together to find an acceptable solution that satisfies the needs of both the partis.

Preservation of relationships : Mediation can be instrumental in preserving relationships that might otherwise be damaged or destroyed by a dispute. Litigation, on the other hand, can be a contentious process that can potentially erode relationships between the parties involved.

Time Saving : Generally, Mediation is a much faster process than litigation. Litigation can take months or even years to resolve, while most Mediations can usually be completed in a matter of hours (or in some instances, in days).

Cost Saving : Mediation is generally less expensive than litigation. Generally, litigation can be a lengthy and expensive process involving court fees, lawyers’ fees and other related costs. Mediation, on the other hand, is typically less formal and less expensive.

Importance of Restoring Relationship in Mediation

Comparison of Mediation versus Litigation?

Mediation and litigation are two methods of alternate dispute resolution. The primary differences between the two ADR streams are as follows:

Strict Confidentiality

One of the prominent features of Mediation is its confidentiality. Details of a dispute resolved through Mediation are kept private. Litigation, on the other hand, is a matter of public record. Details of a dispute resolved through litigation is a public matter and anyone in public can have access to such records.

Control over outcome

In litigation, the final outcome of the dispute is determined by a third party, i.e. a judge or a jury. In Mediation, the parties involved in the dispute remain in control of the final outcome and can choose to accept or reject any proposed settlement.

Adversarial vs. Cooperative

Litigation is an adversarial process while Mediation is a cooperative process. In litigation, the parties involved in the dispute are confronting each other with each side trying to come out as a winner in the end. In Mediation, on the other hand, the parties work together to find an acceptable solution that satisfies the needs of both the partis.

Preservation of relationships

Mediation can be instrumental in preserving relationships that might otherwise be damaged or destroyed by a dispute. Litigation, on the other hand, can be a contentious process that can potentially erode relationships between the parties involved.

Time Saving

Generally, Mediation is a much faster process than litigation. Litigation can take months or even years to resolve, while most Mediations can usually be completed in a matter of hours (or in some instances, in days).

Cost Saving

Mediation is generally less expensive than litigation. Generally, litigation can be a lengthy and expensive process involving court fees, lawyers’ fees and other related costs. Mediation, on the other hand, is typically less formal and less expensive.