Mediation has a track record of being successful in well over 75% of cases: it is informal and voluntary, confidential, without prejudice and non-binding.
Mediation is voluntary.
Anyone (including the mediator) may opt out at any time for any reason, or for no reason at all.
Mediation is confidential.
This prevents bad publicity and rumour mongering.
Mediation is ‘without prejudice’.
Anything discussed cannot be used in court proceedings or in arbitration. Your mediator will not testify in court. In fact all notes are destroyed after the process is completed, allowing for discussions to be as free and open as the parties would like them to be.
Mediation is non-binding.
The option of resorting to litigation or arbitration remains if no agreement is reached in Mediation.
Mediation is increasingly being encouraged by the courts. Indeed, failure to attempt mediation is often frowned upon and in some jurisdictions, penalties in the form of costs-awards are denied.
“Settled on the courtroom steps” is not just an expression. Over 90% of litigated matters get resolved before trial. Mediation circumvents all sorts of costs suffered in such cases – like time, stress, productivity, focus, money and even strain on families.
Mediation costs a fraction of legal action. So the downside of attempting a mediated settlement is low, and the upside of course, is an acceptable settlement agreement.
“An ounce of mediation is worth a pound of arbitration and
a ton of litigation!”
– Joseph Grynbaum, Mediation Resolution International, LLC