Benefits of facilitative mediation
- Parties are directly involved in negotiating their own agreements.
- All proceedings remain private and confidential, and without prejudice.
- The South African judicial dispensation supports mediation, and so do several other jurisdictions.
- No settlement can be imposed upon a party in mediation (as happens in litigation or arbitration).
- All proceedings are conducted privately, and each party in mediation proceedings remains in control of his/her/its own position.
- Mediation serves as an early intervention during a dispute, which means an agreement can be reached much quicker and cheaper than would be the case when pursuing the dispute via litigation and through the courts.
- Parties in mediation are presented with the services of a qualified mediator willing and able to aid negotiations, and to assist in achieving a mutually satisfying agreement.
- Generally, the cost is greatly reduced in comparison with pursuing the matter through the courts or arbitration.
- Mediation allows for the re-establishment of post-dispute relationships.
- Should mediation fail, parties in mediation have neither prejudiced nor sacrificed any legal rights nor delayed significantly any ultimate settlement via any of the legal means available.