Mediation—advantages and disadvantages
Mediation—advantages and disadvantages

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Mediation—advantages and disadvantages
  • What is mediation?
  • Why choose to mediate your dispute?
  • Comparing mediation with traditional litigation and arbitration
  • Advantages of mediation
  • When is mediation unlikely to be suitable

What is mediation?

Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).

It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in reaching a settlement of their dispute.

Why choose to mediate your dispute?

There are many reasons why seeking to settle a dispute is appropriate, ranging from preservation of relationship between the parties, litigation cost and time and maintaining confidentiality surrounding a dispute. Added to this, there is an increasingly strong impetus under the CPR urging parties to seek resolution of their dispute outside of court.

See Practice Notes:

  1. Settling disputes—what, when and why settle?—Why settle your dispute?

  2. ADR—pre-action and post-commencement of court proceedings—ADR—what is happening?

  3. Comparison of forms of ADR and litigation

Therefore, when advising a client at the outset of a dispute, it is important to consider using an ADR process (such as mediation) to try to achieve settlement before embarking on an adversarial process (such as litigation or arbitration). However, ADR is not suitable for every form of dispute and you should consider:

  1. the advantages and disadvantages of each method of dispute resolution

  2. decide which is the most suitable method for resolving a particular dispute by applying these to the circumstances