1. It is inexpensive.
The whole process focuses on resolution. No time or resources
are spent on proving one's case, on complying with procedures
or in taking adversarial positions. Lawyers are present or at
least are often consulted by both parties. This advisory role
is much less time-consuming than "doing battle".
2. Mediation is fast.
Why? Firstly, getting started is quicker; the mediation can
proceed as soon as a mutually convenient date is available,
often within days.
Secondly, resolution occurs sooner because the information
each party needs to assess the situation and come up with settlement
options is conveyed in a fraction of the time it would take
in an adversarial setting. Even though most matters that go
through litigation do not go to trial, settlements take time
because the information that lawyers and clients need is usually
only obtained when, and to the extent that, court procedures
3. Mediation preserves relationships.
In litigation and arbitration each party tries to win at the
expense of the other. Mediation pushes people to collaborate.
They find they can be tough on the problem without begin touch
on the people.
This aspect makes mediation attractive to parties who will
have a continuing relationship whether they like it or not,
such as divorced spouses who continue to be parents of the same
children, neighbours, and parties who would like to have a continuing
4. The process and outcome are satisfying to the parties.
The process is satisfying because each party feels like he/she
has been heard and has participated in the decisions.
The outcome is satisfying because it is based on the actual
needs and concerns of both parties and therefore it fits their
5. The resolution flowing from the mediation is more likely
to finalize the issue and prevent a recurrence of the problem.
This is true because the parties are likely to live up to an
agreement they helped create. It is also true because the parties
have a greater understanding of the other's needs and concerns
than they did before mediation and this may help avoid future
6. Mediation is a confidential process.
In addition to the obvious benefit of keeping one's own business
out of the public eye, this also means that a settlement can
be reached on a particular matter that one party wants to resolve
but does not want to set a precedent for other cases.