The advantages of Mediation

MEDIATION
Introduction

Mediation is one of the forms of Alternative Disputes Resolution (ADR) in trying to resolve a conflict outside the courts.

Mediation involves someone serving as a neutral or impartial third party. The mediator helps the disputants to resolve their differences. The mediator is not there to impose decisions. The parties eventually come up with their own solutions to settle the dispute. Even if some aspects of the dispute remain unresolved, the mediation can help/encourage parties to agree on some issues and reduce the issues they do not agree upon.

ADVANTAGES OF MEDIATION

It may be better than other dispute resolution methods

According to some surveys, ninety percent of people who mediated their cases felt that mediation was a good way to address the dispute even though they did not reach agreement on all of the issues.

A relief for the poor

Mediation can help poorer segment of the society to participate in conflict resolution in cases where they could not afford a lawyer for traditional litigation.

Less intimidating

The informal nature of mediation makes it less intimidating to people who view the government or judicial system with suspicion or fear.

Helps build compromise

The increased use of mediation in a community can help build a culture of compromise among the people. It encourages the use of non-confrontational ways to address conflicts,

Personal relationships are left undamaged

The above also means that mediation makes it easier for business or personal relationships to be left undamaged to allow for future constructive deadlines. Mediation is thus “win/win” rather than a “win/lose” solution. In litigation, someone wins and celebrates while someone loses and is bitter, and may seek revenge. But in mediation, both sides may end up as winners.         

Dwells on current issues

Mediation is also praised for being forward-looking. It dwells on the issues/ disputes at stake, how they can be resolved and what to do to avoid a recurrence of similar problems in the future. In litigation or in arbitration, the focus is on the past. That is, who is guilty in the current situation?

Participants control the outcome

Under mediation, the parties involved in the dispute are the ones who create an agreement that works for them. This is unlike litigation or arbitration, where the judge or arbitrator imposes an agreement.

SAMPLE QUESTION

1. a. What is mediation?

    b. Highlight five advantages of mediation.