MEDIATION

Mediation is one of the three alternative dispute resolutions, where an amicable decision arises with the help of a third party known as a mediator, without recourse to the court of law.

It is a voluntary process, and unlike arbitration, it is more flexible; therefore, the parties to the dispute are under no obligation to agree to the settlement. This means that an agreement regarding issues will only be binding to the parties only if they agree to it.

In circumstances where parties are advised to adhere to mediation, the result lies with the parties involved as they are in total control of the final settlement with the assistance of the mediator who merely takes the role of a facilitator and does not influence nor interfere with the decision of the parties. Mediation is suitable for family related disputes such as divorce etc.

The difference between mediation and court proceedings can be found in its advantages as discussed in the following: in mediation, parties have complete control over the settlement whereas, the presiding officer makes the final decision in Court proceedings.

Parties also suffer from less stress as opposed to litigation and arbitration.

Furthermore, the relationship between the parties may still be salvaged as opposed to litigation where relationships may be completely destroyed and or damaged.
Another advantage is that Mediation proceedings are confidential and not subject to public  scrutiny as is the case in court proceedings.

Finally, the process resolves the dispute quickly whereas it can take years to finalize a matter through litigation.

The disadvantages and differences between mediation and litigation encompasses the following: The failure to reach a settlement is a possibility since the parties have total control over the process unlike litigation where an outcome is certain. There is also a lack of support of any judicial authority in its conduct which is not the case in court proceedings since there are procedures that must be followed. The absence of formality in mediation proceedings are lacking since they are not based on any legal principle.

Finally, the truth of an issue may never be revealed.

Advocate K. Gobinca