Potential benefits of mediation
During mediation:
- both parties retain ownership of the decision and can withdraw from the mediation process at any time
- parties can begin or resume negotiations when direct negotiations are at an impasse
- a third party presence automatically changes the dynamics of a dispute and brings a fresh perspective
- a mediator can change the focus from the past to the present and future
- a new focus on the timetable can inject urgency into decision making
- even if there is no settlement, mediation can enable a better understanding of why litigation is the appropriate way to resolve the dispute and help both parties better prepare for litigation
- there is little ‘downside’ to the process as all work and preparation involved is likely to be of direct relevance and use to litigation in the event of an unsuccessful mediation