Is it better to seek mediation rather than go to court to settle a dispute? Mediation is defined by freedictionary.com as “a method of resolving an industrial dispute whereby a third party consults with those involved and recommends a solution which is not, however, binding on the parties”. When a dispute occurs between two or more parties, many must decide on which is the best method to resolve their dispute. Mediation is a popular way for disputes to be handled. There are five advantages to seeking mediation over going to court to settle a dispute.
1.) More Affordable – resolving a dispute through mediation is far less expensive than going to go court. Court proceedings take time and time is money spent. Hiring a mediator is fairly inexpensive since mediation meetings take less time to resolve.
2.) Quicker to Resolve – court proceeding can drag out for months or even years whereas mediations can be resolved in days. Who wants to spend months or even years of their energy resolving a dispute? Mediation allows all parties involved to solve conflict and resume their lives as normal.
3.) Confidential – mediation is all handled privately. Court cases of made public and all evidence and incriminating records could be used against parties at a later date. With mediation, parties can feel secure to know that evidence and records discussed during mediation can not be used later against them.
4.) More Control – In court cases, opposing parties have less room to negotiate the outcome. However in mediation the communication is much less formal and therefore there is more room to negotiate.
5.) Better Results – during mediation the mediator will help the parties settle the dispute. There is no winner or loser or admittance of fault. All parties must mutually agree upon the settlement.
Usually mediation is the preferred method for companies to use to settle disputes. The time and money saved by using this method, are huge incentives for parties to work together to resolve the conflict. Also the ability to negotiate and have greater control over the outcome, make this a better risk method for parties involved. It is recommended to attempt to settle company disputes through mediation first before going to court. If mediation fails, then bring the attorney for court proceedings.
