Mediation Advantages

• More Flexible Than Civil Litigation

  No complicated rules like how the strict Civil Procedure Rules (CPR) set out the process in litigation. This means they can be tailored more to the needs of the parties in a dispute. For mediation, the parties involved must agree on the choice of the third party that will be involved in the case. Parties will usually be able to arrange the sessions for when is convenient for them so could schedule them for during their lunch break, in the evenings after work or of a weekend. This will prevent them having to take time off which is a luxury compared to civil litigation when the court timetable would dictate to them when and where the hearing will take place. As the parties can select an appropriately neutral setting this also means it is less formal and more relaxed than court. Although it is preferable for the parties to be present in the same room, they can opt for separate rooms if they desire.
• Furthermore, the parties can continue trying to reach a resolution until it has been resolved but also have the freedom to stop at any time. There is also flexibility with the outcome as the parties agree the terms of settlement and they have more scope to agree solutions that a court could not give them. e.g. an apology.
• Not Adversarial

  As both parties agree the settlement, rather than having it imposed by the court, the settlement is more likely to work successfully as there is no ‘winner’ or ‘loser’ as in litigation. Mediation is also carried out in private unlike litigation which takes place in open court. This is particularly beneficial in family cases. A divorcing couple may find it far better to settle their differences in private, particularly to protect children from the reasons behind the marital breakdown.
• Cost Effective

  Fees are based on the amount being claimed. If the amount being claimed is £5000 of less then for a one hour session the fees will be £50 + VAT per party. If this is the situation, the mediator should agree in advance whether this should be dealt with in one or two hours. For the one hour rate, there is the option to settle over the telephone if the parties agree. Although legal representation can be used, it is strongly discouraged. The Centre for Effective Dispute Resolution’s (CEDR) audit in 2016 reported that 10,000 mediations had taken place in the previous 12 months saving £2.8 billion in wasted time and fees. Ultimately, there is evidence showing mediation is more cost-effective than court.
• Time

  Mediation is a lot quicker than a court hearing. Mediation can be set up in a very short period of time and will probably last a few hours and generally less than a day. This results in the dispute being resolved a lot quicker than civil litigation which can take months for even the court hearing date. The CEDR claims that 80% of mediation and conciliation cases they are asked to act are settled. It has also been found that even if the actual mediation session did not resolve the dispute, the parties are more likely to settle the case without going to court than in non-mediated cases, There is also the possibility that the issues may at least have been clarified so any court hearing will be shorter than if mediation had not been attempted.