Mediation can be an effective process to resolve a vast number of conflicts. Instead of courtrooms and legal proceedings where parties are on opposite sides, through the Mediation process, parties work together against the conflict, working collaboratively to find a resolution.

  • Whenever people are in contact with one another the potential for conflict is present.
  • When conflicts arise, they can impact both professional and personal interactions.
  • When conflicts arise, they can impact both mental and physical health.
  • Frequently, conflicts may reach an impasse and appear to be unresolvable.
  • Most who find themselves with no resolution turn to the legal system for resolve.
LITIGATION MEDIATION
When a conflict ends up in court, the parties do not select the judge You select– the parties must agree on the mediator/s that will support their tailored conflict resolution process
A judge makes the final decision  A Mediator’s task is to facilitate productive negotiations, the parties reach a solution
The result rest on facts alone and the parties themselves do not participate in the resolution Creative solutions: the result does not rest on facts alone; anything is acceptable as long as all parties agree
Court files are public record Confidentiality: a process that does not allow for any public record. The subject matter discussed cannot be used in a court of law
The court system, as a form of resolution, can become a demanding and costly time investment Time-efficient: usually can be resolved in a timely fashion The parties choose the times and the locations
The winning party has the burden of following through on the verdict, be it collecting monetary payments or other outcomes Real and sustainable agreement: people tend to follow through when they are active participants in the decision process
Often even the “winner” leaves the court unsatisfied Real resolution: parties get what they need and leave feeling they can move on with their lives
When a court ruling determines a resolution, more frequently than not, the root of the conflict remains unaddressed Possibility for the relationship to be restored: focus on the root of the conflict to conserve relationships
Relationships tend to deteriorate or be left in a state of disarray The parties work together against a common problem

Mediation is voluntary, and either party is free to withdraw from mediation at any time during the process. In certain circumstances, the mediator may terminate the process when they believe that mediation is not suitable or valuable for the parties.

Benefits of Mediation to Lawyers

Mediation is an excellent tool for lawyers from both sides. From the plaintiff’s side, the more expeditiously a case achieves resolution, the sooner the plaintiff and their counsel are compensated. From the defence’s side, the mediation process is a proactive, cost-effective approach to directly resolving the problem. Through a commitment to mediation as a viable solution, lawyers become problem solvers, offering cost-effective and timely results that meet clients’ interests and needs. Commitment to the mediation process results in a competitive advantage that can be attractive to prospective clients, ensure repeat clients, and can generate more referrals.