Mediation is the modern and effective means by which individuals and businesses can resolve disputes, in a peaceful and dignified manner at a fraction of the costs of litigation and in much less time. Unlike going to court, it is also private.
The mediator acts as an impartial third person, who helps the parties overcome their communication barriers and reach an agreement that is satisfactory to all parties. Most importantly, an experienced mediator can apply the skills learnt overtime, to come up with creative ways to settle a dispute.
A Mediator is not the same as an Arbitrator.
An Arbitrator is like a little judge. He/She can conduct a formal hearing, with lawyers representing each side. The arbitrator's decision is a judgement and is binding on the parties.
The Mediator, in contrast, does not make judgments nor decisions for the parties. The mediator helps parties find solutions that meet part or most of the needs of both sides. The goal is a fair agreement, that satisfies both sides, not a decision that leaves one side a winner and the other a loser.
What mediation is not:
Mediation is not counselling. It does not deal with the conflicts which led to the breakdown of the relationship/partnership. Mediation does not aim to bring a failed business partnership back together. A mediator's role is not to provide legal advice. A mediator does not take sides nor look to see who is at fault.
A good mediator can settle in weeks, what the courts will take years to settle.
If you ever think of going to court, try mediation first.
Try mediation if;
You like to speak for yourself, and to make your own decisions.
Privacy and confidentiality are important to the parties.
Money is tight and you cannot afford the extreme costs of litigation.
Time is a factor and both sides seek quick resolution - within days/weeks, rather than months or years.
You are yearning for a full night's sleep.