Categories: Law

10 Reasons To Seek Mediation Before Going To The Courts

August 31, 2015

It isn’t as if most people go out of their way to end up in heated disputes and fights with other people, though so many of us end up in hot water for something that just happens. Disputes arise and quite alarming a proportion of people will find themselves on one end or the other of a relatively important dispute.

The good news however is that these days, there is often no need to take even what may appear to be a rather serious dispute to court. According to the experts at, mediation has the potential to render courtroom proceedings wholly unnecessary while at the same time being a vastly more approachable and affordable process.

So should you have found yourself staring down the barrel of a dispute, here’s a quick look at 10 reasons to consider mediation before taking things to court:

  1. First of all, if you’re one of the millions of people who confuse mediation with counseling, it’s time to update your definition of the word. There is a time and a place for counseling, of course, but mediation is all about finding resolutions and not simply trying to make someone feel better.
  2. In terms of approachability and friendliness, it’s worth remembering that there is a big difference between telling someone you are taking them to court and asking them to join in for mediation. The latter of the two sounds infinitely less threatening and more pleasant, because it is.
  3. Generally speaking, you are infinitely more likely to come out of a mediation process still able to continue some kind of relationship with the other party. You may not be best friends, but unlike the aftermath of courtroom proceedings, there will be considerably less hostility.
  4. Also worth remembering is the fact that when the matter is brought to the attention of the court, the court decides the outcome and you pretty much have to do as you’re told. Even if both parties are unhappy, there’s not a great deal you can do about it. With mediation however, the parties involved call the shots from start to finish.
  5. When things are taken to court, it is usually a case of you arguing your side of things to the court and the opposing party doing the same. This leaves little to no room for actual discussion between you and the opposing party. Mediation on the other hand, the whole process from start to finish, is one of discussion and is thus more likely to breed a mutually agreeable outcome.
  6. Something else to take into account is the way in which the courts will rarely, if ever, take into consideration any feelings into account. More often than not, courts are only interested in hard facts, data, evidence and statistics, in order to reach something of a by the book resolution. By contrast, mediation looks far beyond things like finances and data to include emotions and feelings when and where relevant.
  7. If you would prefer that the details of the dispute you are in were not made public, mediation is technically the only way to go. Largely anything and everything that happens in court must by law be recorded and made publicly available for anyone wishing to access the information. Mediation on the other hand is 100% private and confidential.
  8. Mediation will always have its critics, but the fact that many of the world’s biggest businesses use mediation to keep things out of court pretty clearly illustrates how effective and preferable it can be. It is a process that effectively streamlines and simplifies everything the courts do, while at the same time minimising costs.
  9. A subject of some debate to say the least, but it’s pretty accurate to say that mediators in general tend to be considerably more approachable than lawyers. There are exceptions to the rule, but practicing lawyers can be rather on the intimidating side.
  10. Last but not least, never forget that if at any time you are unhappy with what is happening at any given mediation session or with the process in general, you can freely walk out and never come back. Suffice to say, try doing the same with a courtroom and the consequences would be wholly more severe.
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