What are the Advantages of Mediation?
Two main advantages are cost and control
Mediation is cost effective, as it tends to be significantly less expensive than litigation as well as taking less time to complete the process as opposed to litigation. Traditional litigation tends to place control of the outcome in the hands of the attorneys/courts, while mediation places the control of the outcome into the hands of the parties involved.
Additional Advantages of Mediation:
Agreements that are reached in mediation generally tend to last over time because the parties affected by the decisions are the ones making them.
When parties participate in mediation, they are in control of their own agreement, which allows them to avoid unpredictable situations that often arise from the adversarial process.
The mediation process protects the integrity of the parties who are in dispute and enhances the possibility of a workable future relationship.
With the exception of a court-ordered mediation, entering into mediation is a voluntary process in which either party can withdraw from at any time during the process prior to signing a mediated settlement agreement (MSA).
Because the parties are in agreement of their own resolution, neither one comes out of the process with an order to do something they have not agreed to.
The mediated agreement between the parties that is accepted by the court is as legally binding as any contract.
Because the agreement made is reached with the full cooperation and involvement of the parties, adherence is greater than judgments rendered through the litigation process.