Evaluations of Mediation

• What are the disadvantages of Mediation?

  • May not reach any agreement
  • Mediator cannot make a decision or influence the outcome
• Why is May not reach any agreement a disadvantage?

  P - Still has to go to court to resolve it

  D - Therefore parties have paid fees for the mediation service and will need to pay for legal representation and court fees.
• Why is the mediator not being able to make a decision or influence the outcome a disadvantage?


  P - Therefore it isn't suitable if one party is weaker than the other

  D - Because it leads to bullying and manipulation especially if the mediator is not highly skilled in ensuring a balance.
• What are the advantages of Mediation?

  • There's no formal court hearing
  • Parties are in complete control
  • It is a very cheap process
• Why is there being there no formal court hearing seen as an advantage?

  P - This means they are less adversarial

  D - Furthermore it is less intimidating and stressful for the parties
• Why is parties having complete control an advantage?

  P - This means they can decide whether to continue with the process or abandon it

  D - Therefore it is better than court and the restrictions of case management

  E - If they feel intimidated in mediation they can walk out
• Why is it being very cheap an advantage?

  P - Costs from mediation can begin at £100-£200 for a day

  D - This means the overall costs are £700 rather than compared to non-mediation methods that can cost between £2000- £4000
• What is a mini advantage?

  The success rate is 65%