How Is Mediation Difference From Using the Court?
In litigation, the parties retain solicitors / barristers whose focus is to prepare a case which will result in the best decision for their client. Litigation is adversarial and confrontational and frequently demeaning of the other party. In litigation you never know what the outcome will be until the case is ruled upon. There are no guarantees that anyone will come out as the ‘victorious party’. In the long run, everyone pays a price in litigation. Mediation is based on the principle that people are capable of resolving their own disagreements if given the right support. It is non-adversarial, non-confrontational and the parties agree that information will be openly shared in a safe, neutral environment. It is a voluntary and totally confidential process. Either party can withdraw or choose not to participate at any time. The mediator does not judge who is right or who is wrong, but works with parties to help them arrive at a solution to satisfy their interests. No notes or transcript
