Pros & Cons of Mediation

Why mediation?  Mediation can be a beneficial alternative dispute resolution method with pros and cons.

Pros of Mediation

• Voluntary and Informal Mediation is usually voluntary, and parties participate willingly. It’s less formal than litigation or arbitration, which can make it less intimidating and more conducive to open dialogue.
• Control and Empowerment: Parties have more control over the outcome. They actively participate in crafting solutions rather than having a decision imposed on them by a judge or arbitrator.
• Preserves Relationships: Mediation often focuses on preserving relationships, particularly valuable in family disputes, business partnerships, or community conflicts.
• Confidentiality: The process is confidential, which means that discussions and agreements reached in mediation can generally not be used in court if mediation fails.
• Cost-Effective and Timely: Mediation can be less expensive and faster than litigation. It avoids the lengthy court procedures and backlog.
• Flexibility: Mediation can address legal issues and underlying interests and concerns, allowing for more creative and customised solutions.
  Cons of Mediation

Cons of Mediation

• No Guaranteed Resolution: Mediation does not guarantee a resolution to the dispute. If the parties cannot agree, they may still be in litigation or arbitration.
• Power Imbalance: In cases of a significant power imbalance between the parties (e.g., employer-employee disputes), mediation might not always ensure fairness.
• Dependence on Cooperation: Mediation relies on both parties being willing to negotiate and cooperate. Mediation may be ineffective if one party is unwilling to engage in good faith.
• Lack of Legal Enforcement: Unlike court judgments or arbitration awards, mediated agreements are not enforceable until converted into a legally binding contract.
• Complex Cases: In complex legal disputes involving multiple parties or intricate legal issues, mediation might not be sufficient to address all aspects comprehensively.
• Limited Remedies:  Mediation typically focuses on reaching a compromise or settlement.  It may not provide remedies that a court or arbitrator could award, such as punitive damages.