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What are the Benefits and Drawbacks of Mediation?

By , About.com Guide

Question: What are the Benefits and Drawbacks of Mediation?
Mediation is an informal process of bringing a dispute before a trained individual, called a mediator. The mediator does not mandate a settlement, but attempts to bring both parties to agreement on the issue.
Answer:

Benefits and Drawbacks of Mediation
Here is a list of the pros and cons of mediation as a form of alternative dispute resolution.

Benefits of Mediation:

  • The process can solve many disputes in a short time; most mediation sessions are only one or two days long.

  • Mediation is less expensively than litigation.

  • Mediation allows the parties to deal directly with each other, rather than relying on attorneys.

Drawbacks of Mediation:

  • Because the decision of the mediator is not binding, the parties must be committed to reaching an agreement. If one or more parties is not ready to agree, the mediation process is frustrating and waste of time.

  • Sometimes, attorneys must still be involved, which increases the cost of the mediation.

  • A lot depends on the skill of the mediator. An unskilled or poorly trained mediator can do more damage than help.

More about Mediation for Business Disputes

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