Law

Mediation is a private process that is used to settle disputes between several parties with the aid of an unbiased party or an intermediary who is commonly known as a mediator. In most cases, the neutrals are usually retired judges who are well-versed with the law and can provide a suitable outcome in case the case proceeds.

The parties that are involved in the dispute get the opportunity of describing the issues affecting them, discuss their interest, provide each other with relevant information, and also explore ideas that can be used to resolve the dispute. The parties involved are required to resolve their disputes voluntarily during the mediation process. Since mediation is voluntary the mediator does not have any power or right to make the decision that is suitable for the parties involved.

 

Who is a mediator?

A mediator is a neutral third party who helps conflicting parties communicate and come up with a resolution to their problem. The mediator is not responsible for making suitable decisions for the parties involved since they are neutral and offer impartial guidance to help parties come up with possible solutions clarifying areas of disagreements and agreements and helping them stay on track during mediation. The main responsibility of the mediator during mediation is to help the parties come up with the resolution that they both agree with.

 

Why is mediation used for dispute resolution?

There are many benefits why many parties decided to use mediation while resolving their disputes. Although there are many other methods of dispute resolutions one can use the following are some of the reasons why mediation is one of the best ways of resolving a dispute between parties.

• This method allows for greater control

One of the things that make mediation quite different from other methods of dispute resolution is the fact that it allows the parties involved to retain control over their dispute. Mediation is usually voluntary and therefore they have the right to refuse the negotiation. In this case, the parties involved are not expected to come up with a resolution to their dispute.

In case the parties wish to negotiate then they can do so and find a resolution to their dispute. Also, the voluntary nature of this dispute resolution method allows the parties involved to select other methods of dispute resolution such as litigation. This is because these parties retain greater control over their dispute.

• It is less expensive

In some instances when parties are resolving their disputes, they spend so much during their dispute resolution process. In mediation, the parties involved share the cost of costs of hiring a mediator. This helped them avoid the court fees being charged in court other legal fees as well as expenses that people spend while going to the trial.

Also, the costs of hiring a mediator are cheap as compared to other methods of dispute resolution, especially arbitration. In addition during simple negotiations parties trying to resolve a dispute are offered mediation services for free and therefore this makes the method cheaper. Generally, mediation is a cheaper method of dispute resolution. Talk to Gold Coast Mediation and Dispute Resolution to find out more.

• The method offers total privacy

Mediation unlike most dispute resolution methods is usually confidential. The parties involved have the right not to disclose there are disputes or anything it entails to other people. Therefore, if you don’t want people to know about a dispute you are involved in, this is the best method of dispute resolution for you. In case you select other methods such as litigation it will be a public affair since people will attend your trial in court and some of them can access the court records.

• It helps in preserving relationships

Disputes affecting parties can damage their existing relationship. In case the parties are unable to work out their problems in a mutually agreeable way it will be hard for them to preserve their relationship. However, mediation provides parties with a mutually acceptable way of working out their problems and therefore they come up with a solution that is suitable for them without affecting their relationships.