Advantages of Mediation
Mediation has many significant advantages over traditional adversarial litigation, including the following:
Confidential: Mediation is always conducted in a confidential environment, which means there are no records or transcripts, and any evidence introduced during mediation cannot be used later or revealed unless required as part of the adversarial process.
Less stressful and easier: Preparation for mediation is easier and simpler than the preparation required for a trial or hearing before the Court. The mediator will require a mediation brief from each party. This document sets out each party’s positons. The mediator will assist the parties communicate and will maintain a positive environment.
Less formal : The informality of mediation allows the parties to be more engaged than they would be in an adversarial process with its abundance of rules and procedures. Accordingly, since the mediator deals directly with the parties, the mediator can focus the attention of the parties upon their needs and interests rather than on their stated positions.
Less expensive : Mediation is generally less costly than litigation. For matters in the Federal Court, the services of a mediator (a prothonotary or a judge) are available at no additional cost. However, parties are still encouraged to have legal representation .
Quicker: Mediation is generally a much faster process than pursuing an action or judicial review. Typically, mediation is conducted in a day or less although more complicated cases can take longer. By comparison, litigation can take years. Mediation allows a more reasonable timetable for resolving a dispute.
Preserves relationships: One of the most overlooked benefits of mediation is that it can help preserve relationships, business and personal, that would likely be destroyed through years of litigation. Because it is a collaborative process, rather than an adversarial one, and because mediation isn't inherently a win/lose process, important relationships can often be saved.
Greater flexibility and control: In mediation, unlike in litigation, the parties are in control of the outcome. The parties are full participants and can express their own opinions and concerns. They decide on the outcome together, rather than leaving it to a third party to decide.
Better results: Parties are typically more satisfied with mediation because the resolution of the case is mutually agreed upon, there is frequently no “winner” or “loser”, nor is there any admission of fault or liability. As the parties play a central role in the mediation, the resolution of the case can involve creative solutions, longer-lasting outcomes, greater satisfaction, and improved relationships, none of which can be usually be achieved in the adversarial process