There are a number of misconceptions about mediation held by laypersons and even lawyers. As a certified mediator and experienced lawyer, I am often asked by my clients, “why should we mediate?” and “what is the benefit to us?”. The answer is simple; “because it’s a cost effective and relatively simple way of resolving a dispute.”
Mediation aims to resolve a dispute by maximising all parties’ interests and achieving a “win-win” outcome so that the parties do not feel compromised or hard done by. The parties must agree the terms of the settlement themselves and hence the results achieved are such that may never be considered or imposed by a court or tribunal. This allows for ingenuity and extra-legal solutions which may never be found in other forms of dispute resolution.
You can read the full article here in PDF: Why Mediate