When talking about disputes, both involved parties don’t need to fight to resolve it. Instead, they can undergo the process of mediation before taking legal actions in court. It is confidential and flexible. It helps solve different types of conflict. It is the best way to avoid confrontation because it lessens the risk of losing a case.
Parties can both fully participate in mediation so they can reach and end up with an agreement. It is a win-win situation because it eases tension and maintains a relationship. So how does mediation affects a dispute and what are the factors that depend on it? Let’s enumerate the things that mediation can hugely control.
Money – One of the reasons to use mediation is the principal aim to lower down fees. That’s because monetary matters tend to escalate quickly. However, in mediation, the process keeps in a much lower chance of spending by merely asking each party to share the fee. Unlike court proceedings where there are attorneys, both parties will need to pay a separate amount for each lawyer. But with a mediator, they can share an equal amount of financial responsibility concerning handling a dispute resolution.
Time – Conflict resolution doesn’t always stick to the same results. Therefore, the time spent in one particular dispute also changes. However, in mediation, both parties can still consider a lesser amount of time. Compared to trial court cases, the number of sessions becomes exhausting and unpredictable that often makes the situation even worse.
Effort – The effort spent in prosecuting a claim is immeasurable, especially when the case is too complicated. In some unfortunate circumstances, even the smaller issue grows bigger due to the amount of wasted energy that is given to that particular dispute. From there, both parties involved will no longer appreciate the process of reconciliation and will focus more on achieving what’s intentionally good for them. In mediation, on the other hand, process both sides’ interests. There’s little effort provided because agreements are already handed out.
Relationship – Any dispute among or between family members, friends, or associates is worthy of undergoing mediation. That’s because when people hire lawyers and depend on the probate court to process result, it separates both camps permanently. The likelihood of maintaining a relationship gets diminished because of the effects of a heated argument and tiring trial sessions. The process of mediation saves the relationship by attempting to produce a resolution that both parties can agree wholeheartedly. This way, they won’t have to lose connection and share what’s beneficial for the two of them.
Privacy – There’s a thin line between public information and personal privacy. When concerning a dispute, both sides want to keep it confidential as much as possible. A lawsuit in court somehow doesn’t guarantee such request. There’s also a high chance that the court may not be able to check out portions of necessary records. However, in mediation, there’s confidentiality. It enables both parties to discuss different kinds of risk of the dispute in a safe environment.
The process of mediation merely doesn’t work if there’s no resolution. But provided with all the benefits it can give, it sure saves a lot of almost everything.