BENEFITS OF MEDIATION:
Barry describes the process in the following terms:
“If you had a headache and your doctor immediately prescribed brain surgery, what would you think? Common-sense would make you ask about headache tablets, a scan, the alternatives. Mediation is the first step in getting rid of your dispute-headache before going down the brain-surgery-court-proceedings route. Mediation will ensure that you decide how your conflict is settled putting you in control, rather than the court. It is always worthwhile considering mediation in the early stages of the dispute.”
Parties in dispute always have the prerogative to go to trial, however, the court has discretion to award or limit recoverable costs where one of the parties is deemed to have “acted unreasonably”; for example, making what the court views as a reasonable offer to settle which has not been accepted, or waiting until after proceedings have been issued to negotiate, or failing to make an offer to settle the claim until just before trial.
It should be noted that if you go to trial and win, you might only be able to recover 70-75% of your costs.
Just a few of the benefits of mediation are:
- Speedy – Be it a business or a complex matrimonial dispute, mediation is quick to set up, saving time and money.
- Cost effective – Costs are split equally between the parties in dispute.
- Improves communication & understanding – The mediation process breaks the deadlock, helping the parties clarify the real issues and focus on possible solutions.
- Flexible – The mediation session is informal allowing the parties to have full participation in the decisions.
- Addresses reality –Barry’s skill is in focusing on each party’s expectations and claims, reality testing and moderating them if necessary.
- Confidential – The mediation process totally confidential and without prejudice. (NB: financial disclosure in matrimonial issues leading to divorce is not confidential.)