Mediation is an effective means of dispute resolution because mediation works! While the benefits of mediation vary somewhat, depending upon the parties, the nature of the dispute and the model of mediation applied, the following are some of the benefits typically associated with mediation:
Cost
In mediation, the parties typically save an enormous amount of lost time, energy, anxiety and money compared to the lost time, energy, anxiety and expense associated with protracted litigation.
Speed
At a time when it can take months to get a simple pre-trial hearing, and possible years to get to a trial, the mediation alternative clearly provides a faster way to resolve the dispute so that parties can get on with their lives. The average wait for the first mediation session when the parties use Kurt Bickes is four to six weeks, and follow-up mediation sessions can typically be scheduled within two or three weeks of the first mediation session.
Greater Satisfaction
Self-determination is a hallmark of mediation. As a result, parties are generally more satisfied with solutions that have been mutually agreed upon in mediation, as opposed to those imposed by the court.
Higher Rate of Compliance
Studies have shown that parties who have reached their own agreement in mediation are more likely to adhere and comply with its terms those same parties are to adhere to judicially imposed resolutions.
Customized Agreements
As well intentioned as the court system is, courts often times do not have the time or resources to customize or tailor resolutions of disputes to meet all the specific needs of the parties. In contrast, mediation affords the parties an opportunity to “fine tune” their agreement to cover a variety of both legal and “extra-legal” issues, including the finer details of implementation, how the parties desire to handle any future disputes, and the emotional and psychological needs of the parties moving forward.
More Satisfactory Outcomes
Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than a compromised decision in which the participants share gains and losses. Interest-based mediation, the style of mediation offered by Kurt Bickes, enables the parties to seek and find ways to “expand the pie,” alternate satisfaction, or look for 100% solutions that create gains for all and losses for none.
Relationship Sensitive
In any dispute, a relationship of some kind is involved. A mediated settlement is more likely to help preserve an ongoing relationship in ways that would not be possible with a win/lose decision-making procedure, such as litigation. Mediation can also, when necessary, make the termination of a relationship more amicable.