i.
It is usually less expensive than litigation which goes all the way to
judgment.
It is usually less expensive than litigation which goes all the way to
judgment.
ii.
Mediation provides litigants with a wider range of solutions than those
that are available in litigation; for example, an apology; an explanation; the
continuation of an existing professional or business relationship perhaps on
new terms.
Mediation provides litigants with a wider range of solutions than those
that are available in litigation; for example, an apology; an explanation; the
continuation of an existing professional or business relationship perhaps on
new terms.
iii.
It can create an agreement by one party to do something without any
existing legal obligation to do so.
It can create an agreement by one party to do something without any
existing legal obligation to do so.
iv.
It is desirable to be able to control the outcome of the dispute rather
than have it imposed upon you, potentially leaving both parties dissatisfied by
the experience.
It is desirable to be able to control the outcome of the dispute rather
than have it imposed upon you, potentially leaving both parties dissatisfied by
the experience.
v.
The absence of a trial not necessarily wanted by both parties has its
advantages; reduced costs, no full trial preparation, the litigation is not so
protracted and the absence of findings of fact that might subsequently be used
by one of the parties.
The absence of a trial not necessarily wanted by both parties has its
advantages; reduced costs, no full trial preparation, the litigation is not so
protracted and the absence of findings of fact that might subsequently be used
by one of the parties.
vi.
Generally, there is a very speedy resolution.
Generally, there is a very speedy resolution.
vii.
Those interests which are of real importance to either or both parties will
not be obscured by technical or legal issues advanced by the lawyers within the
framework of the litigation.
Those interests which are of real importance to either or both parties will
not be obscured by technical or legal issues advanced by the lawyers within the
framework of the litigation.
viii.
There may be no real point in trying to fight a legal principle where
the determinative legal issues are already well settled.
There may be no real point in trying to fight a legal principle where
the determinative legal issues are already well settled.
ix. One or both parties may have good reasons to avoid the publicity which
potentially at least is always thrown up by litigation whether at a local or
even national level.
potentially at least is always thrown up by litigation whether at a local or
even national level.
Footnotes:* Standing
Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law
(LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door
Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure
*Guidelines for Court referrals to Alternative Dispute Resolution *Principles
of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation
Advocacy by Andrew Goodman.*
Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law
(LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door
Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure
*Guidelines for Court referrals to Alternative Dispute Resolution *Principles
of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation
Advocacy by Andrew Goodman.*
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