Aug 25, 2017

The Benefits Of Mediation Over Litigation (Iii) | DmediationLawyerist

i.                   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.

iii.             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.
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.

vi.             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.

viii.       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.

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.*

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