Advantages and disadvantages of mediation

Advantages & Disadvantages of Mediation

The Advantages

  • 80-85% of mediations produce a settlement
  • It is informal and user friendly
  • It is quick and cost effective
  • It provides a solution to the issue in a relatively quick period of time compared to the years you might spend litigating through the Courts
  • The parties (you) control the process, not the lawyers or the Judge
  • The court process is unsuitable and daunting for older people
  • You can tailor the settlement to a practical solution rather than a legal solution – which is often a “yes” or “no” position which suites neither party and certainly does not reflect the elder’s desires
  • It is a far less adversarial process, less formal than going to Court and far less stressful for the parties - and in particular the elder
  • The elder can participate in the process with no pressure and assist to find a solution which suits them.
  • The mediator has the time and ability to discuss the position with the elder (there is no cross examination) and can actually discover the true wishes of the elder and work the settlement around those wishes
  • A settlement reached at mediation providing a solution with which all parties accept ids far more likely to work and last
  • It is confidential 
  • The mediator, because he is independent and understands all parties points of view, can encourage and promote the lateral thinking which will provide a solution (not an imposed decision of the judge) with which the parties can work and with which the elder is happy without having to choose one sibling over the other
  • Even if the mediation fails, the full and frank exchange of views will narrow the issues and save costs in the litigation going forward.

The potential disadvantages of mediation
  • A party can use mediation as a fishing expedition to test out your resolve
  • During the examination of evidence within the mediation, the other side may realise some tactical litigation point which supports their case and give them an advantage (the counter argument is that the barristers will realise the point before the case gets to trial and it is better that it comes out now rather when the parties have become entrenched in their views having paid £10,000’s in costs)
  • Mediation can be used as a delaying tactic (yes it can but because of the speed of the process it should amount to o more than a month and the percentage chances of success far outweigh the loss of time)
  • Mediation might be used as an overt tactic/pressure to settle (if you explain such fears to the mediator, forearmed the mediator can use his skills to prevent this)
  • If the parties are so entrenched and will not make realistic moves to settle, mediation could be a waste of time and financial resource (a good mediator should be able to move matters forward in this type of situation where both parties should be concerned for the welfare of their parent).
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