One thing businesses globally have in common is their desire to keep disputes out of court.
One of the most commonly known ways to keep any dispute out of court is via mediation. However, sometimes disputes inevitably will make it to court and in that case, you’ve no choice but to settle it there and then.
But mediation is a great alternative for anyone looking to settle a dispute without having to deal with lawyers endlessly and the drama of a courtroom.
In this post, we’re going to look at what mediation is, why it has become such a popular alternative and the many benefits it brings.
What Is Mediation?
To put it bluntly, mediation is the process of settling disputes or disagreements via negotiation out of court. It is completely separate from a lawsuit, which is undoubtedly a more well-known process for settling issues.
The idea is that both parties will get together to discuss the issues involved with the assistance of a skilled mediator. Hopefully, then a reasonable solution will be agreed upon that’s beneficial to both parties.
Lawyers will still be involved in a mediation process but definitely not on the same scale as that of a courtroom dispute.
Why Is Mediation More Popular Than A Lawsuit
The short answers to this are that it’s faster, cheaper, and often, more effective.
A lawsuit can take years to resolve and the amount of money that is spent on legal fees can be astronomical. In many cases, disputes and issues don’t even end up being resolved and this results in more lawsuits and time spent in a lawyer’s office and the courts.
On the other hand, mediation is relatively inexpensive when compared to a lawsuit. It’s also an easier way for both parties to voice their concerns and issues with each other. You can get together, discuss your problems, and there is a much greater chance of you coming to an amicable solution that benefits both parties.
Now mediation has always existed as a legitimate option for people but it has become more popular in the last decade or so as a viable alternative to lawsuits. This is a direct result of easy access to legal information online.
People are now more aware of what their options are for settling disputes and the internet has certainly contributed to this growing awareness.
Mediation Gives You More Control And Power
One of the most attractive aspects of mediation is the control and power it gives both parties. Once a dispute makes it to court, it’s up to the judge to decide the outcome and the ability of the lawyers involved to influence the judge’s decision.
Either way, once it gets to the courts, one party is not going to be completely satisfied. It’s true that even in mediation, you may not completely be satisfied with the outcome either but it’s far more likely you’ll reach a favourable conclusion than what you would in a courtroom. Courtrooms are full of disappointment and there is always one side that ends up more disappointed than the other.
It also gives you the ability to tell your side of the story in your own way. This can help each party deal with the emotions they may be feeling as a result of the dispute and pave a path for moving forward positively. This of course, results in greater satisfaction for both parties during and after the mediation process.
Mediation Is More Flexible
There is much more flexibility with mediation compared to lawsuits. Courtroom processes are strict and rigid. There is a process that must be adhered to at all times. During mediation, both parties can get their side of the story out without the kind of constraints you’d find in a courtroom.
Another important point worth mentioning is that it’s possible to get more people involved during the mediation process. You can get associates, colleagues and even friends involved. This can help both sides come to an amicable solution.
Closing Thoughts: Mediation And Its Benefits
While mediation has grown incredibly popular and does bring many benefits, it’s certainly not the be all and end all of resolving disputes. Sometimes, issues and disputes will need to be resolved in the courts no matter how much you want to avoid it.
However, we would recommend that you, at least, consider mediation first before jumping into the courtroom. Resolving issues in a courtroom is often a messy affair and often, a lot of dirty laundry will also be aired out for public viewing as well, which is another big point to consider.
Not to mention it’s a lengthy process that can take years to resolve with less than favourable solutions on both sides. We advise you only take any dispute to court as a last resort.
If you’re unsure about your issue or dispute then please get in touch with us. We know it can feel very confusing and overwhelming. Often just clearing things up with a legal expert first can make you feel better and help you decide what your next step should be in the dispute process.