ADVANTAGES OF MEDIATION

Risks of Litigation and Arbitration
Litigation in the courts has often proven costly, time consuming and in some countries, subject to bias. Prolonged litigation can also end any business relationship between the parties.

Although many people had hoped that international arbitration would prove an attractive alternative, the reality is that international arbitration may also take too long, prove expensive and result in awards which do not satisfy any of the parties.

Mediation Saves Time
Unlike litigation or arbitration, a mediation normally takes only a few days, not months.  After the parties have briefed the mediator, a mediation session can be scheduled within a short time.  Depending on the complexity of the issues, a case could be settled in one or two days.  Sometimes, follow-up sessions may be scheduled to resolve any open issues.

Mediation Saves Money
Because mediation takes far less time, it costs much less than litigation or arbitration. Also, the parties can reduce the legal costs, travel expenses, and expert fees associated with presenting fact witnesses and expert testimony, which in complex arbitrations or litigations can be quite substantial.

Mediation is Private and Confidential
The parties can privately and confidentially explore alternative ways of settling their case with the assistance of a mediator who serves as a neutral. The mediator can prompt discussion and help the parties identify their interests at stake in the dispute and in its settlement and may outline alternative forms of settlement.

Mediation Reduces Risks
Mediation has the great advantage of keeping the parties in control of the settlement of their own dispute.  It is virtually impossible to predict with any confidence how a court or an arbitration panel might decide a case.  A successful mediation, on the other hand, will result in a settlement that the parties have accepted, rather than one that a court or arbitration tribunal has imposed on them.

Mediation Preserves Relationships
Above all, mediation may be far less confrontational than litigation or arbitration where parties try to discredit one another.  Instead, mediation allows the parties to work cooperatively towards a constructive result.  Not only will this help the parties overcome their differences in the disputed matter, but also preserve their relationship and may even allow them to do more business together.