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The Advantages of Mediation
What is Mediation?
Mediation is the intervention into a dispute by a neutral third party, called a mediator, who is typically acceptable to all participants.
The mediator's job is similar to a facilitator, in that the mediator does not impose a solution, but helps the disputing participants engage in constructive negotiations so that they can come to a consensus regarding their dispute.
The mediation process sets ground rules that promote fair play and appropriate debates. This leads to trust building and better relationships between the disputing participants.
By shifting the focus from personalities and emotions to rational considerations of facts, issues, and possible new solutions, mediation increases the chances of reaching a consensus beneficial agreement.
The goal of mediation is a "memorandum of agreement" which is a written document signed by all participants specifying what will be done by each participant to implement the solution to the dispute.
There are several ways participants can benefit from mediation as an alternative to going to court.
Legal battles can become expensive very quickly. A case that goes to court can cost participants thousands of dollars, putting a major strain on their finances. Mediation can typically be completed at a fraction of the cost, which is highly beneficial for all participants involved.
Promotes Amicable Resolutions
Mediation is conducted in a cooperative rather than combative setting, which promotes more peaceful results. It also provides an opportunity for participants to resolve issues quickly, amicably, and cost-effectively.
Process is Confidential
Litigation becomes part of the public court records, which can be another source of stress in the age of Facebook, Twitter, and other social media platforms. With mediation, the process is kept private and confidential.
A court case can take months or even years to resolve. Mediation can be over in just a handful of sessions.
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