““An ounce of mediation is worth a pound of arbitration and a ton of litigation”.”
Mediation and conciliation have numerous benefits over litigation.
These include:
General
Mediation and conciliation helps people settle disputes without going to court.
Taking part in mediation or conciliation can save time, legal fees and court costs for you and the community. The mediation/ conciliation ground rules and facilitation skills of the mediator along with the evaluative skills of the conciliator make the environment informal, cordial and conductive to problem solving.
Confidential/ Privileged
Mediation and conciliation are confidential, so your discussions won’t be held in an open court.
Mediation and conciliation is also privileged, so nothing you say during the process can be used in court or shared with anyone.
Less Formal
Mediation and conciliation are a lot less formal than a court hearing as no witnesses or experts are involved.
Lawyers are not required, but can be included in some circumstances.
Neutral/ Impartial
Our mediators are impartial, meaning they don’t take sides. They don’t give advice or pass judgement.
They guide you through a structured process, creating an environment where all parties have a chance to speak and be heard.
They keep discussions going smoothly so you and the other party can find your own solutions.
Win-Win is possible
In mediation and conciliation, the focus is on resolving the dispute with a mutually beneficial settlement. If a participant is not happy with the result they have no obligation to agree.
Mediation and conciliation can allow for a win/win outcome for both parties, which rarely occurs in the adversarial court system.
Self-determination
Mediation and conciliation are based on the foundation of client self-determination as opposed to the judicial model where the outcome is determined by a third party eg judge.
So mediation and conciliation allows you to creatively come up with your own solutions and agreements which may be outside the scope of usual court hearings.
Have Your Say
Mediation and conciliation allows you to have your say, listen to the other parties’ points of view and weigh up options.
Mediation and conciliation can also help to maintain, improve and/or restore relationships and communication between the parties.
More options
Mediation and conciliation allows more flexibility in determining options for resolving the dispute than the limited orders an adjudicator or judge can make based on legislation and precedent.
Promotes finality
Through mediation and conciliation, disputes are put to rest fully and finally without appeal or revision and further litigation.