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merits of mediation

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merits of mediation

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  1. Cost-Effective: Mediation is generally less expensive when compared to the expense of litigation or other forms of fighting.

  2. Confidential: Unlike court cases, which are public, mediation is typically confidential, which means no one but the parties to the dispute and the mediator know the details.

  3. Control: Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.

  4. Compliance: Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high.

  5. Mutuality: Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances, the mere fact that parties are willing to mediate means that they are ready to "move" their position.

  6. Support: Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions.

  7. Preservation of Relationships: Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties' interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure.

  8. The Benefit of a Neutral Perspective: A neutral third party can provide a perspective that parties are often unable to see because they are so emotionally invested in the dispute. This perspective can be very helpful in reaching a resolution.

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