Mediation and It’s Many Advantages

Shawna Johnson

Bus241 O01C.FA16

September 13, 2016

Mediation and It’s Many Advantages

For this week’s writing assignment, we will discuss the advantages of the process of mediation in comparison to litigation.  What is mediation?  Mediation is a process in which a neutral third party, the mediator, becomes involved in a dispute between two or more parties in order to help achieve an agreement on a matter of common interest.  I like to think of it as being the missing piece to the puzzle of resolve.  This process is advantageous for many reasons.  Important advantages include speed, cost, confidentiality, control, working together, and support.  

Let’s begin with speed and cost effectiveness.  In comparison to litigation, mediation is a much speedier process.  While trials can sometimes take years to be brought forth to court, mediated agreements can take place over a course of a few weeks, or in as little as a few hours.  I’m a firm believer in regards to business, time is money, and if I can find a way to save time, it ultimately provides more time to make money.  In addition to having more time to focus on your business, you will also spend far less the amount of money to mediate rather than to litigate.  With the benefits of time and money being saved, the outcome is essentially favorable for all parties involved.

Next we’ll discuss, in my opinion, two of the more important reasons in which mediations are more favorable, confidentiality and control.  As mentioned in the video assignment, it is of utter importance that in beginning this process, all parties know that the mediator is not a judge, which means that this process is fully confidential.  This is a plus because it assures the parties that whatever resolve is reached; it is kept strictly between them.  Now as far as control, the involved parties are in control of the end results of the process.  This is

important because unlike trials where the judge decides what happens, the mediator acts as a neutral figure aiding all parties in what is wanted from and for each.  This essentially grants all involved what they actually want versus what a judge thinks they should have.  Power is always an advantage.

        Finally, we will discuss the advantages of working together and having support.  During your everyday life, these two advantages are essential to reduce chaos and stress.  I can only imagine how lifesaving, so to speak, they are during mediation.  Working together to reach a resolve is beneficial to both parties because you get to hear things from each perspective.  Too often we take the position of only seeing things from our point of view, which in turn, be grounds to hurt potential growth.  Working together along with the support of a mediator is imperative to reach common ground.  The mediator acts as an unbiased facilitator, therefore he/she, assists both parties in reaching their ultimate end game.  Without the support of a mediator, this process would be chaotic and full of stress.  This could possibly lead to both sides being unhappy with the results, or lack thereof, which would force litigation proceedings.