Myths About Mediation

Myth 1: Alternative dispute resolution is expensive

ADR strategies are often perceived as expensive by business owners. The cost of a specific alternative dispute resolution can vary from case to case, but the fact is that ADR takes much less time than litigation. The costs are typically much lower. In some cases, if the dispute is not resolved by alternative methods, it can still be resolved through a formal court-based process

Myth: mediation doesn’t work for big disputes

Myth 2: Mediation is not effective in large commercial disputes

Does this mean that no one uses mediation? Many of these cases are kept out of the public’s view by design. Mediation is a good way to resolve a dispute. The outcome can be kept confidential, as a confidentiality clause will prevent both parties from revealing the outcome. When appropriate, big companies use mediation to resolve their disputes. For Workplace mediation, contact risehr.co.uk/services/workplace-mediation/

Myth: a strong case guarantees a court win

Myth 3: Going to court is worth it if you have a strong case

You may think that your case would be so compelling that you should take your opponent to court. It is important to remember that litigation does not come with any guarantees. There are many factors that can influence the decision of the judge, even if it seems like your case is a win-win for you. You may be let down by your witness or a new court order may introduce information that weakens your case. Even if you win, it’s still a question of whether it was worth it.

Myth: mediation ends in a verdict

Myth 4: Mediation results in a “verdict”

People often think that settling a dispute through mediation is like arbitration or court proceedings – they have to present their case to a neutral third party to get a “judgement” on the issue. A mediator’s job is to help the parties reach a voluntary agreement. The mediator does not ask the parties to “present their case”. (The mediator will, however, review the facts at the beginning of the case.) They use the mediator to discuss possible resolutions.

Summary

Debunks common myths about mediation as a way to resolve disputes, explaining that alternative dispute resolution is typically cheaper and faster than litigation, that large companies use confidential mediation for commercial disputes despite this staying out of public view, that going to court carries no guarantees, and that a mediator helps reach a voluntary agreement rather than issuing a verdict.

Questions this article raises

• How does the cost of mediation compare with going to court in practice?
• What happens if mediation fails to reach an agreement?
• How is confidentiality actually enforced in a mediated settlement?