The Hon Mr Justice Lightman said,‘… the necessity for Mediation in our legal system is the product principally of four factors. The first the ruinous cost of litigation, secondly the unpredictability of the outcome of litigation, thirdly the lengthy period of uncertainty and anxiety for litigants until final resolution of disputes by the Court and, fourthly, the ever diminishing availability of mediation.’
There are several benefits of mediation when compared to civil / commercial litigation or other more formal practices, the main ones are as follows;
Less expensive – save money on formal procedures, wasted productivity, manpower and resources in resolving disputes, save money on expensive court, trial and legal fees.
Quicker - mediation can usually be arranged and undertaken in a matter of weeks, most mediations do not last more than one day, the process is much quicker than entering into the lengthy civil / commercial litigation process or other more formal practices, which can take months or even years.
His Honour Judge Neil Butter QC, who established the mediation scheme at the Central London County Court, contended,
‘mediation is quick cheap and informal. The striking feature of the whole process is the high level of consumer satisfaction. Many mediations end with the parties shaking hands and going out together. You don’t often see that in courts of law.’
Informal – mediation procedures are less formal, less intimidating and can take place in a neutral venue of your choice.
Less damaging – mediation can help preserve and strengthen existing or new relationships between disputant parties which could have been compromised by litigation.
Easier to keep control – mediation means you make the decisions, you decide on what course of action should be taken and what you want the outcome to be,rather than a Judge or Arbitrator deciding for you.
Impartial – mediators do not take sides, the aim is to reduce conflict and reach a settlement.
Confidential – the mediation process is completely confidential and being an attempt to negotiate a settlement of your dispute is entirely without prejudice.
Nothing to lose – if an amicable agreement cannot be reached you have lost nothing and your legal rights will not be affected.
Various outcomes – litigation usually only provides a monetary outcome, whereas mediation can provide one or a combination of the following outcomes; compensation, a refund, an apology, an explanation, replacing goods or a change in policy or behaviour to mention a few.
