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Why Mediation Can Often Be Preferable To Court Proceedings

 August 29, 2015  /  Comments Off on Why Mediation Can Often Be Preferable To Court Proceedings

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There really can’t be many people up and down the United Kingdom who genuinely relish the idea of having to hammer out a dispute in court. Court proceedings are never fun at the best of times and have the potential to be cripplingly expensive and long-winded to say the least. Nevertheless, when and where there are business or domestic disputes to be settled and reaching a settlement is proving nigh-on impossible, it can appear as if court room proceedings are inevitable.

However, there is an alternative to taking things to court and it comes in the form of mediation. According to the experts at www.target-mediation.co.uk, mediation has the potential to be exponentially more agreeable than court proceedings and can be applied to almost any kind of everyday dispute. From consumer disputes to divorces to child custody battles and endless different financial arguments, almost anything that would normally be taken to court for the sake of finding a resolution can be solved using mediation.

Why Mediation Can Often Be Preferable To Court Proceedings

So in terms of key benefits over the alternative, how exactly can mediation be preferable to court proceedings?

You Call The Shots

Well, right off the bat comes the way in which anyone heading to court for any reason is to some extent rolling the dice and taking their chances. The reason being that when you put a matter in the hands of the court, you effectively relinquish control of what happens. Whatever decision is made by the court must be upheld and that’s pretty much the end of things. By contrast, with mediation an agreement is only reached when all parties are 100% happy with it and satisfied with the terms. So with mediation, it is the parties involved that call the shots from start to finish.

It’s Less Regimented

But when the dispute is brought before the court, what technically happens is all of the information provided is fed through a computer in the form of a solicitor’s brain and the most logical solution is usually the solution that is implemented.  What generally isn’t taken into account are things like emotions and exceptions that could and perhaps should affect the outcome. In the case of mediation, the focus is more on needs and interests rather than just doing things by the book, so to speak.

Avoid Hostility

If the parties that are looking to have a dispute resolved of any kind are interested in continuing their relationship or at least remaining civil, it is very hard to achieve this by taking things to court. From business partners to employees to divorcing parents to neighbours and all others besides, it is very difficult to continue any kind of relationship following a rather unpleasant courtroom battle. By contrast, with mediation things are kept wholly more amicable and less intensive. It is a generally friendly and more relaxed way of getting things done which more often than not helps preserve relationships and avoid hostility.

Faster Results

To decide that a matter needs to be brought before the courts is usually the first step in a process that can prove to be incredibly long-winded and drawn out. So much so in fact that by the time things draw to a close, the quarreling parties have all but lost interest in the matter and would be happy to never see each other again.  Suffice to say this isn’t what you would call an ideal outcome, which is again why mediation can be a preferable alternative. If for example you decided today that a dispute you are having with another party needed to be resolved PDQ, there is every chance you could get things underway and reach a resolution by the end of the week.

Save Money

It’s of course no secret that anything involving courtrooms and legal matters in general doesn’t tend to be cheap. Far from it in fact, as what begins life as a simple dispute can often snowball into the mother of all expenses and the kind of headache you can never shake off. More often than not, mediation tends to be so much cheaper than taking things to court that the two really cannot be compared like for like.

Less Intimidation

Last but not least, it is often difficult to be objective, realistic and indeed open to fair discussion when you are in an environment that is so intimidating it scares the hell out of you. This is usually how things go when it comes to taking things to court as courts in general tend to be stuffy, overly formal and intimidating to say the least. Mediation, however, can be every bit as relaxed, casual and informal as you want it to be.

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  • Published: 1 year ago on August 29, 2015
  • Last Modified: August 31, 2015 @ 9:42 am
  • Filed Under: Legal

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