BENEFITS OF MEDIATION
- Produces more satisfying results than litigation
- Helps settle all or part of the dispute before trial and during and after trial before judgment, which saves time and money
- Allows the parties and not the Judge, to determine the outcome. The parties are fully informed by the mediator and they control the terms of settlement
- Increases participant satisfaction, with a greater likelihood of a lasting resolution
- Reduces hostility between parties offering an opportunity to restore and preserve business and personal relationships
- Saves money - if settlement is reached in mediation, there will not be future litigation costs.
- Eases tension and restores peace of mind
- Promotes justice
- Allows flexibility and party participation in the development of solutions
- Uses procedures tailored to parties' needs
- Develops the interests of the parties
- Narrows the issues in dispute
- Identifies areas of agreement and disagreement
- Fashions creative solutions to protect the interests of the parties
- Protects confidentiality
- Eliminates the risks of litigation
- Allows clients to communicate their views, directly, informally, and confidentially without fear of retribution. Nothing said in a mediation can be used against a party if no settlement is reached
HOW LONG IS MEDIATION?
Many cases are resolved in one or two sessions. Some mediations may require more sessions, especially in complex disputes. Most follow-up sessions are scheduled within one week of the previous sessions.
The Mediator does not give adjournments easily. If a counsel or party is not present on more than one occasion, the case will be sent back to court for adjudication. The mediation process can take a maximum of 60 days.
PREPARING FOR MEDIATION
Parties and their counsel should prepare for mediation by reviewing the risks and costs of litigation and considering the long term personal, family and community interests that will be served by resolving the dispute. Possible settlement options should be considered. Counsel and parties should bring all relevant documents to facilitate meaningful discussions and early settlement.
WHO SHOULD ATTEND MEDIATION?
Parties/representatives having authority to settle the dispute should participate in the mediation along with their counsel.
HOW WILL MEDIATION AFFECT THE CASE?
Mediation is an Alternative Dispute Resolution process and an alternative to trial. Reference of a case to mediation does not stay court proceedings or litigation deadlines. If a case is not settled in mediation, it will be returned to the court with no time lost.
BENEFITS FOR ADVOCATES
Advocates will serve the true interests and needs of their clients, which will result in increased client satisfaction. Satisfied clients will engage the services of their advocates if need arises in future also.