Written by Lyle Charles
Private mediation has become a movement in many countries as they offer an alternative to the traditional courtroom battleground and litigation process. Normally mediation follows five processes and they are negotiation, conciliation, expert determination, round-table conference, and arbitration. Mediation has allowed many disputes to be more open, empowering, and cooperative. Here are some advantages of private mediation.
Reduced costs and time – Most disputes, especially those involving construction can take months or even years to be resolved in a court setting. To speed up proceeding many construction consulting firms are not recommending private mediation to reduce time and costs for both parties.
Less polarizing – Courts generally position parties against one another which can often cause a toxic and acrimonious environment. Mediation, on the other hand, places both parties on equal footing in a safe environment, where issues can be discussed and understood.
Empowerment – Mediation allows each party to voice their views, instead of letting lawyers handle the discussion. Therefore mediation leaves parties with the ability to make their own decision instead of leaving their fate in the hands of a judge.
However, mediation can cause power imbalances that may put one party in a more favorable situation than the other. This can be overcome by ensuring that the party representing the firm has some prior experience in mediation proceedings or by hiring a consulted to provide the person representing the company with sufficient knowledge.
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