WHY MEDIATE
In most cases, agreement is reached in a day. (Family breakdown cases tend to happen over several shorter sessions with a few days or so between each session)
There is a huge saving in costs.
Often, and even more importantly, personal relationships, family relationships and business relationships are preserved and even enhanced.
Mediation is entirely voluntary and happens at a place and time that suits the parties
Mediation involves certainty, confidentiality, privacy and finality.
It allows for an apology to be given without legal rights being affected as the whole procedure is 'without prejudice'.
Problem-solving is the objective of the negotiation rather than the purely competetive approach which is typical of negotiation at arbitration or court proceedings. Phrases such as "bottom lines" and "final offers" have no place in mediation. What will bring gains to ALL the parties is what is important.
The objective is a resolution focussed more on the interests of the parties rather than solely on their rights. It focusses on the future rather than the past. The ultimate agreement is a resolution worked out by the parties rather than one imposed on them by a court or by an arbitrator. Even if complete resolution is not achieved immediately, it often happens that a lot of issues are resolved and those that are left outstanding are clarified and are often resolved shortly afterwards.
