8 Reasons Why You Should Choose Mediation

Do you want a better alternative to litigation?

Mediation can offer you reduced costs and time investment compared to litigation. It’s an effective dispute resolution that is voluntary – both parties will not be forced into a settlement or decision made by a mediator.

While mediations are informal – with no witnesses involved and no formal rules of evidence – it is strictly confidential. You’re assured that mediators will not disclose any information during and after the process. At the end of every mediation, a mediator gets rid of any documents taken during the session.

These are not the only advantages you can get with mediation. Here’s a more in-depth look at the benefits:

1. Mediation is Voluntary

Both parties are not forced or coerced into taking advantage of this alternative procedure. They both choose on their own volition to go with this process because it’s less stressful and less cumbersome compared to other dispute resolutions that involve third-party decision-makers.

2. Greater Degree of Control

Since there’s no third party involved, both parties have full control of how the outcome will be. Both sites have equal weight in their words during the entire process. In the end, the parties will settle to an agreement where they both mutually agree upon.

An experienced mediator can check the underlying reasons behind a dispute and help resolve the conflict in a constructive way. Compared to redressing any wrong-doing with an “eye-for-eye” mentality, both parties can resolve a conflict with no additional damages to each other.

3. Private and Confidential

You won’t have to worry about ridicule or discrimination from colleagues and coworkers when you choose to go with mediation. It’s the same with the other party. The entire process is confidential.

Both parties meet in a neutral and private location. No information will be revealed to anyone else, except for an explicit request from both parties.

4. Neutral Third Party Assistance

A mediator, who has experience in the industry both parties are working on, can calibrate the bargaining position of both sides and guide a litigation settlement that will benefit both parties.

There’s no fault-finding involved in the process. The mediator provides unbiased and impartial assistance, helping both parties to arrive at a solution that’s favorable to both sides.

5. High Compliance Rate

Since no one was forced to settle on an agreement, there is less probability that either of the parties will break what was agreed upon.

All terms will be concluded only if both of them approves of it, leaving no room for nonconformity.

Having reached a “tailored” agreement, mediation shows a high rate of compliance. Since the agreement is mutually satisfactory, both parties are usually more than willing to support it. Gains and losses are more predictable since the decision making is not handed over to third parties.

6. Preserves Ongoing Relationships

Whether the relationship between both parties continued or was brought to an end, there are no hard feelings involved. The working relationship is more likely to become amicable.

Due to the nature of mediation, settlements are not one-sided. The entire arrangement addresses the interest of both parties. It is a lot better than having to go through normal litigation procedures, where there are a winner and a loser.

7. Encourages Better Problem Solving

No relationship is perfect. There is always a chance for dispute because of disagreements and other unwanted factors. Parties who have gone through mediation are more likely to use the same process to resolve differences in the future. Having experienced a cost-effective way to arrive at a favorable agreement, they will choose to go through mediation in subsequent disputes.

8. Expedited Resolution

Compared to normal litigation procedures such as commercial litigation, mediation can arrive at a solution faster. There’s no queueing involved. Additionally, mediation starts sooner, usually in a matter of days. Whereas a court case could take months or years before it comes to trial.

This timely and convenient approach can be crucial in preventing conflicts from escalating. A mediation process can also fend off any unnecessary delays in arriving at an agreement that both parties welcome.

Choose Mediation for a Constructive Way to Resolve Conflicts

These eight reasons should give you a clear idea of why you go with mediation to resolve disputes. While both parties have full control of the process, a good mediator like Judge Jose Lineras can help you arrive at a resolution faster.

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