Thinking about your options

Flexibility

• There is much more room for creativity when you resolve a dispute on your own with the help of a mediator. You can work together to arrive at a solution that meets the needs of all parties.

Control

• You will have more control over both the process and the outcome

Personal Satisfaction

• You are more likely to be satisfied with the outcome because you played a more active role in resolving the dispute and designing a solution that is best for you.

Lower Cost, Less Time

• The mediation process can save you both time and money. It is generally faster, less complex, and far less costly than proceeding through the court system.

Maintaining Relationships

• Disputes often involve parties who have a working or family relationship and will need to continue to interact after the dispute is resolved. Mediation encourages people to work together at resolving the disagreement, which often results in a more congenial relationship than if the matter is resolved through a court action.

Agreements That Last

• Parties are more likely to comply with an agreement that they helped design rather than one that is imposed on them.

When should disputes be left to the court to decide?

1. The issue of violence itself is not mediable. The courts can provide better protection for parties who have been the victim of violence or threats of violence.
2. Where there is a need to establish a precedent, where the outcome of the case could affect a great number of people or where a definite and broadly applicable solution is required, the court would be the appropriate forum to resolve the dispute.

About Fraser Bushell