Opting to Mediate a conflict or dispute means that will be decided by an impartial party who works to resolve differences by reaching a voluntary and negotiated agreement between parties involved. It is a form of alternate dispute resolution (ADR), and is looked upon very favourably in certain areas of law including family, commercial and workplace disputes.

There are many benefits to mediating rather than litigating. For instance:

• The dispute will most likely be resolved in a faster manner as it will not be necessary to go through the formal court system;

• The costs will be significantly reduced because the process is faster and there are no hefty court fees;

• There is a much greater chance of being able to preserve relationships with mediation or any other form of ADR rather than litigation as disputes are resolved in a relatively more personal and friendly manner.

The end result of mediating is a mutually acceptable agreement between the parties, and so the chances of one party losing big and the other winning big are very low. In court it happens all too often that one party comes out with everything and the other with nothing; thus it is easy to see why feelings of resentment or even hatred linger long after the court’s final decision.

If you are involved in a dispute in which you do not want to go to court, speak to your solicitor or legal advisor about the specific merits of choosing mediation or ADR for your particular case. It is also worth noting that should a mediator fail to come up with a mutually agreeable resolution between the parties, all of what has been disclosed during the process is strictly confidential, and information disclosed cannot leave the table.

Should mediating the dispute not work, parties can attempt resolution another way. For instance, one option is another form of ADR - arbitration, however, it is generally more regimented; parties can opt to take the dispute through the ranks of the court system. For further information and literature on the mediation process, read here.

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