Mediation and the court process

Contributed by Margaret Halsmith and current to 1 September 2005

HOW IS MEDIATION DIFFERENT FROM GOING TO COURT?

There are advantages and disadvantages of going to court. Depending on the circumstances the following points will be variously attractive to disputants.

A determination made by a court is:

• made by someone who has been able to consider only the legal aspects of the dispute;

• public;

• based on past incidents;

• largely observed by parties;

• often expensive; and

• often time-consuming.

A mediated agreement, on the other hand, is:

• reached by parties to the dispute, considering their interests in the context of their rights;

• private;

• future-focussed;

• usually cheaper than court; and

• usually faster than court.