Benefits of Legal Mediation in Dispute Resolution
Category: Disability Law
- 15 Jan 2023
- Posted By WebSiteAdmin
Going through a divorce or business dispute can be stressful, tricky, and challenging. This is especially true when, for example, the divorce terms are contested. When a dispute arises between people, or organizations, such as business entities, litigating in court can be an expensive, lengthy, and sometimes avoidable process. In many cases, mediation can be beneficial for two parties who would like to settle their differences without court intervention.
Regardless of whether you’re involved in a commercial dispute, family dispute, or insurance dispute, court proceedings can be time-consuming and usually costly. Mediation is also the most informal option for resolving a family or commercial dispute and is usually a very successful and efficient way of obtaining resolution.
What is Mediation?
Mediation is an informal way of dispute resolution. This is a simple form of alternate dispute resolution and allows parties or couples to reach an agreement and settlement, avoiding the need to appear before a court.
Two parties, such as business partners, come together to appoint an unbiased mediator to facilitate dispute resolution swiftly and amicably. Mediation is generally preferred in matrimonial and family disputes, particularly divorce cases.
The role of the mediator is to help the two parties come to an agreement through open communication and discussion. A mediator helps you reach a mutually beneficial conclusion while ensuring the discussion remains civil and calm.
Benefits of Mediation in Dispute and Conflict Resolution
There are several benefits to mediation. For example, it keeps matters outside the formal court system and usually is a more amicable and speedier way to approach many issues arising following separation or divorce.
Here are some of the top benefits meditation offers.
In mediation, no one can compel you to agree to anything. You are in complete control regarding what you’re willing to agree to and what you’re not comfortable with. It can be scary and unnerving to have your future determined by a jury or judge that does not know you.
However, with mediation, an unbiased mediator takes the time to speak to each party privately and understands their wishes and concerns before recommending a solution. This is why there is a higher chance of coming up with a mutually-beneficial resolution. The mediators aren’t there to advise you, and you should get independent legal advice on what the law says while you are engaging.
Flexible and Customized Solutions
There is no set procedure for mediation. This provides both parties access to a wide range of solutions and outcomes. Keep in mind that different mediators have different approaches and styles, which are usually amended depending on the requirements and nuances of the case.
So, the resolutions achieved through mediation sometimes are not possible via arbitration or other judicial procedures. Both parties can formulate customized solutions as per their needs and requirements.
Speed and Efficiency
When a divorce case or other legal matter goes to trial, there could be significant disputes about children and finances. The courts usually have long delays, meaning your hearings can be delayed, and the case could take weeks to try.
On the other hand, mediation can usually be organized relatively quickly, and the mediators can accommodate meetings much sooner. This means less time away from children, work, life, and the important things that matter.
This simply means that both parties will have to agree to attend. So, if one party feels mediation is not working, they may decide that they no longer want to proceed.
Mediation offers a confidential and neutral setting in which both parties can candidly discuss their views and concerns on the underlying dispute. As a result, communication between both parties can be re-established, which allows each side to present their view of the dispute. Enhanced communication leads to mutually satisfactory resolutions.
Mediation is cheaper than litigation and removes confrontation, which usually accompanies court proceedings. Court proceedings are lengthy and expensive.
Even if you keep matters outside of court, solicitor or lawyer correspondence can increase costs. If you reach an agreement through mediation, it helps keep legal costs down.
Mediation saves parties considerable money and time, giving them the opportunity to close a challenging and complex chapter in their lives. If you’re interested in knowing more about how divorce mediation can help, a law firm can help.