August 1, 2019

When mediation’s a better option than litigation

Any relationship, be it personal, professional or commercial, is certain to experience conflict at some point. When the parties involved can’t resolve that conflict themselves, they often turn to what they see as the only other option – their attorney. 

Litigation is a costly, time-intensive way to settle a dispute, and often damages the relationship between parties beyond repair, leaving a bad taste in everyone’s mouth. 

More and more people are turning to mediation for resolve a dispute. While it is similar to litigation in that the facts of the conflict are presented in front of a neutral third party, mediation allows everyone involved to discuss their grievances, clear up any confusion or misunderstanding, and reach an agreement beneficial and acceptable to all parties in a way that a court case in incapable of. 

Here are some more reasons why mediation can be more effective than litigation:

1. It’s quicker

Mediation can start immediately, unlike litigation, which is dependent on court dates. While lawsuits can span years, agreements through mediation are usually reached within months. Resolving the conflict more quickly allows parties to get the results they want sooner, and allows them to get on with their lives without waiting for judgement.  

2. It’s cheaper

Mediation is much less expensive than taking a case to court. Because mediation is less drawn-out than litigation, parties pay less money over less time. 

3. It gives the parties involved more control (and better results) 

A party must approach a mediator, which means that there is some degree of choice in who you choose to resolve the conflict. Parties would approach someone they trust. Unlike judges, mediators cannot force their decisions on the parties involved; they merely guide and advise the parties as they come to a mutual agreement. This means you have more say in the outcome of the situation. And, because everyone is involved in the process, the results are usually fairer and more favourable to all parties involved.

4. There’s less animosity

By trying to find a solution that suits everyone, mediation preserves relationships. Collaboration and discussion allow parties to resume amicable relationships once the process is complete. 

5. Confidential

Because court cases are public, there transcripts and records are available to anyone who requests them. Mediation is confidential, and, often, evidence submitted during mediation sessions cannot be used later in court.

If you require mediation assistance, contact our office on 011 347 0300 or make an appointment. 

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