Benefits of Mediation
By Lawfarm Team December 06, 2021
BY- Mihika Awate
Mediation is a type of Alternate Dispute Resolution method available for parties who find themselves in conflict with each other. In mediation, apart from the parties involved in the dispute/conflict, there is a third party, known as the mediator involved as well. The mediator is a neutral third party who assists in the process of mediation and facilitates it, helping the parties to communicate in a better way with each other to resolve the dispute and reach a solution. A mediator is different from an arbitrator. A mediator merely facilitates the process of mediation whereas an arbitrator adjudicates the dispute and delivers an arbitral award which is similar to a court’s judgment, and therefore is more powerful than a mediator.
There are various benefits of resorting to mediation for resolving a dispute.
It is a completely voluntary process
The two or more parties involved in the dispute enter into Mediation of their own will. One party cannot compel the other to enter into mediation, both the parties set the ball rolling in the court of their own will. Since it is a voluntary process, the chances of coming to an amicable solution are higher since both parties already enter into the process with a mindset to resolve the issues.
It is a flexible process
Unlike litigation in courts, there is no set procedure which the parties and the mediator have to follow. The parties can mold the procedure to suit their needs and their situation, circumstances, etc and the mediator can also effectively discharge their duty by adopting a style best suited for the dispute at hand.
It is cost-effective
Litigation often financially burdens the parties involved. Mediation is relatively a much affordable method to resolve the dispute and will not burden the parties.
It saves time
Traditional litigation takes years to come to an end, to resolve a dispute. By that time, the solution often has little to no actual benefit to the parties. It is necessary for quick resolution of disputes and that is possible via Mediation. It is a quick process since there is no fixed procedure to be followed and it can be as per the convenience of the parties.
It gives greater control over the dispute to the parties
Once the dispute is taken up in the Court, parties have no control over the procedure or the decision of the court. They get entangled in the multiple requirements needed under the Court's procedure and must comply with the procedure established. Under Mediation the parties get to decide their procedure such as when to meet, where to meet et cetera. Parties also control the outcome of Mediation. Parties mutually agree upon a solution after discussions and negotiations amongst themselves with the help of a mediator.
It is convenient
Since the parties involved get to decide the procedure, it becomes much more convenient for them to follow the process since it is something they mutually decided upon.
It would lead to greater compliance with the solution to the dispute
Since parties work together with the help of a mediator to reach a solution of the dispute and the end of the process of Mediation is a solution the parties have themselves worked upon and have mutually agreed as the resolution of the dispute, the chances are higher that all parties involved will enforce this solution.
It is non-binding
Although solutions arrived at after the process of Mediation would be followed by all the parties involved, if in case a party finds the terms of the solution to their disadvantage, they can not comply with it and the other party/parties involved cannot take action against the said party for non-compliance, although it would lead to sour relations.
It preserves good relations between the parties
We often say that a lot of matters would get resolved if only people communicated with each other better. This is exactly the point behind Mediation. It is a non-adversarial process and involves healthy dialogue between the parties which is facilitated by a Mediator who is often skilled at positively facilitating the conversation. This leads to preserving good relations between the parties involved and prevents any animosity.
It is confidential
No other person is allowed to be involved in the process of mediation. It is a completely confidential process that only the parties involved and the mediator can attend. Also, whatever is discussed during the mediation is confidential and cannot be disclosed to anyone except by the express consent of the parties. Parties can hence freely talk to each other without fear. This free dialogue will yield better results and will aid to clear any misunderstanding which might be prevalent.
Alternate Dispute Resolution methods are being used widely around the world, mainly because the court systems everywhere are overburdened. Mediation is one of the Alternate Dispute Resolution methods and is a good method that can be chosen by parties involved to resolve their issues and it has several benefits as stated above. More and more parties nowadays are choosing to resolve the matters amongst themselves via Mediation because of the wide variety of benefits it provides.
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