Benefits of mediation
Confidentiality and discretion
The mediation takes place in a confidential framework which allows the parties to talk, propose and negotiate with each other in all openness and transparency without affecting their rights in any subsequent proceedings.
In addition, confidentiality means that apart from the parties involved and the mediator, no one knows the facts underlying the dispute, the course of the mediation and the outcome of the mediation. Especially in business, this discretion is an important advantage.
Ownership and maintaining control
In the context of mediation, the parties retain ownership of the conflict and control over any resolution. The parties are always free to initiate mediation, continue it, and reach agreements or not. If they are willing to reach an agreement, they can work out a tailor-made agreement.
This is an important difference compared to court proceedings where it is a judge who will make a final decision. This makes the outcome uncertain for all parties. Moreover, in working out his "solution," the judge is bound by the strict constraints of the legal and procedural framework.
Faster than court proceedings
Mediation is initiated in a low-threshold and non-formalistic manner so that the mediator can organize mediation interviews relatively quickly.
Also, in most cases the turnaround time of a mediation procedure is significantly shorter than that of a lawsuit.
Cheaper than court proceedings
Since the mediator's fee is basically divided between the parties, this will result in a lower cost than a traditional court proceeding.
Restoring or maintaining the relationship
The mediator will pay close attention to restoring communication or the relationship between the parties. In addition, solutions that all parties can agree on will be sought.
This ensures that no bridges are blown and that relations between parties can be maintained in a constructive and positive atmosphere.
In commercial relationships, the outcome of court proceedings often means a lost customer or the end of cooperation with a business partner. In family contexts, it involves a disrupted relationship between parents or difficulties in execution if the decision is felt by one party to be unjust. In successful mediation, however, the opposite is often the case and parties often feel that they come out of the process stronger.