Those that have helped to mediate the informal resolution of a dispute, tend to relish their ability to play an active part in shaping the agreement between the 2 parties. Yet the parties that took part in the mediation also enjoy some significant benefits.
Benefits that showcase the most obvious differences between mediation and litigation
A mediation session comes to a conclusion much faster than any trial. Mediation normally takes just days, perhaps a week or 2. A trial could proceed for a month or more. Mediation is less expensive. There is no need to pay any court costs. A mediator does not charge as much as a Personal Injury Lawyer in Sydney.
Other benefits enjoyed by those parties that have agreed to meet with a mediator
The informal setting in which a mediation session takes place could encourage an engagement of the involved parties. The mediator tries to make use of that engagement, when working to create a solution.
The mediator focuses on the needs and interests of each party. That reduces the emphasis on any divisive issues. Today, the legal system is trying to adapt a greater focus on non-adversarial methods for dealing with civil disputes.
Mediation is the method that the legal system urges any family members to utilize, if there is some legal issue that has arisen among a few of those same family members. Those that have chosen to take part in a mediation session do not feel as though a close relationship has been cut asunder.
The plaintiff and defendant that must sit in a courtroom have almost no control over the outcome of the litigation. In sharp contrast to that situation, the parties that have agreed to attend a mediation session have more control over the outcome. Each of them has the option of working to understand the opponent’s viewpoint.
Following creation of a mediated resolution, there is no true winner or loser. That fact helps to ensure compliance of the negotiated agreement. In fact, there is no law that binds the involved parties to adherence to each provision of that same agreement. Instead, those on both sides of the dispute tend to feel like the winner.
Think about the general attitude of a winner. He or she has a tendency to demonstrate an air of kindness and cooperation. That attitude helps to ensure the preservation of the mediated agreement.
Agreements reached by litigation do not get linked to the same influential forces, the ones that have the ability to encourage a display of kindness and cooperation. That fact exposes the way that mediation has the ability to benefit both the legal system and those that have chosen to make use of that same system.