Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute.
Mediation is, almost always, far less expensive than other dispute resolution methods, particularly litigation. Private dispute resolution companies take up mediation cases for a fraction of the cost of bringing a lawsuit. A number of nonprofit community mediation centers in the U.S. even handle relatively minor consumer, neighborhood, workplace, and similar disputes for free or for a nominal charge. (Ibid.) The much shorter duration of most mediation proceedings (one day or less on the average) further helps in cost reduction.
Flexibility & Informality
Other important characteristic of the mediation process are its informality and flexibility. In mediation, formal rules of procedure are almost non-existent, and the process itself is highly flexible. This feature of mediation allows the parties and the mediator to control and design the process themselves. Mediation's informality also allows flexible and creative solutions for settling disputes that may not be possible in a court case where strict procedures and laws have to be followed. Moreover, the mediation process minimizes the importance of lawyers, who are sometimes so focused on winning a case that they forego an opportunity for a quick settlement. Since the parties are themselves in control of the mediation process rather than their lawyers, settlements become more likely.
In litigations, even after the case has been decided, the losing party is invariably angry at the outcome and may look for ways to violate the spirit of the judgment, if possible. By contrast, since mediation settlements are arrived at with the participation of the parties, they are more likely to follow through with the terms and conditions of the decision.
The voluntary, non-binding nature of mediation can be a disadvantage when either party to a dispute may chose not to honor a settlement; in such a case the aggrieved...
("Are there some cases...")
Time and Money Lost in Unsuccessful Mediation
Although mediation takes less time than litigation, it does not stop or extend the time-limits sometimes placed on taking a case to court. Hence, if mediation is unsuccessful, the time spent on the process may at times prevent one from taking the case to court. In case of unsuccessful mediation, the parties may have wasted time and money on mediation and still face the expense of a trial. (Ibid.)
Bad Faith Cases
Mediation can also prove disadvantageous if one of the parties involved is exhibiting bad faith by hiding assets or income. Mediators who are experts at exploring the parties' needs, goals, and possible solutions, do not have the legal resources of an attorney, such as the right to subpoena documents or witnesses to dig out concealed information. In such a case, the aggrieved party would be better off with an attorney who can aggressively investigate the matter.
Mediation may also prove problematic if one party is very passive as compared to the other; in such a case, the passive individual is likely to be bulldozed into an unfavorable agreement by the stronger party.
Mediation, although not a new concept, is increasingly being used as a dispute resolution alternative to litigation. There are different types of mediation such as the 'Facilitative' and 'Transformative' mediation that differ in styles and emphasis but have common key characteristics such as neutrality of the mediator and the confidentiality of the process. It has a number of obvious advantages over other means of dispute resolution, most notably a substantially lower cost and the flexibility to be applied for settling a wide range of disputes while its disadvantages are few and of a relatively minor nature.
Are there some cases that should not be mediated?" NOLO: Mediation FAQs. 2006. November 27, 2006. http://www.nolo.com/article.cfm/pg/7/objectId/AEED791E-B41C-4CE5-8271983F8C9FBEEA/catId/B21C6122-6654-468C-83A6D0B4B74D37CD/104/308/239/FAQ/
Bates, John B., and Bruce A. Edwards. "Mediation: The Pursuit of Compromise." USA Today (Society for the Advancement of Education) Mar. 1994: 38+. Questia. 27 Nov. 2006 http://www.questia.com/PM.qst?a=o&d=5002202903.
Spangler, Brad. "Transformative Mediation." Beyond Intractability: University of Colorado, Boulder. October 2003. November 27, 2006. http://www.beyondintractability.org/essay/transformative_mediation/
Types of Mediation." Robert Carrow's Home Page on Mediation & Arbitration. 2006. November 27, 2006. http://www.carrow.com/MedTypes.html
Why Consider Mediation?" NOLO: Mediation. 2006. November 27, 2006. http://www.nolo.com/article.cfm/ObjectID/8AC559A6-5EAA-4565-834745CD74FC79A1/catID/B21C6122-6654-468C-83A6D0B4B74D37CD/104/308/239/ART/
There can be more than one mediator involved in some cases
The Greek word for mediate means to stand between (Bates and Edwards, 34)
President Roosevelt was awarded the Nobel Prize in 1906 for his mediation efforts in the peace agreement between Japan and Russia
It is estimated that a half-day mediation of a personal injury claim may cost each side about $500 on the average. The cost of a similar case in court may be $50,000 or more. ("Why Consider Mediation?")
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Children in this mediation scenario have the rights to develop educationally, emotionally and psychologically. The outcome of the mediation scenario must ensure their growth and development hence the overriding factor would the interests of the children. The case plan would adopt the federal and state laws in relation to the custody of children in order to come up with applicable result. This is because the ethical and legal issues of
The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003). Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more
These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties. Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to
Parties may perceive that the process is unfair, as the arbitration decision is made prior to any information revealed during the mediation session. The latter cannot influence the decision in the former. Should the dispute not be settled during mediation, the arbitration decision may be perceived as unfair and inaccurate. Furthermore, there may also be a perception of a loss of control, as parties are as it were forced
Analysis Getting Past No The various ideas presented in Getting Past No, highlight how the mediator must use a number of tools / tactics to be able to effectively resolve the dispute. What happens is when two parties are in any kind of dispute, they more than likely are displaying large amounts of negative emotions towards each other. At which point, both parties will become even more set in the view
10) Any costs or fees associated with the ministry CMC is founded as a faith ministry and as a result will charge absolutely no fee for its mediation programs. Nor will we accept any private funds for the work we put in. On the contrary, we intend to request for travel as well as accommodation funds to be paid for by those families who wish to seek our help, once the