The pressure of confinement, non-fulfillment of contractual obligations, unemployment, and divorce have all weighed heavily on global citizens during this pandemic. As a result, both at home and at work, people have felt the ground shift beneath their feet. Consequently, more individuals and corporations have turned to mediation to resolve their differences. Here are some of the reasons why mediation has led to better outcomes:

1. Moving away from winner-loser absolutes (creating the win-win)

Litigation creates an incredibly hostile court environment where a lawyer represents you, and a Judge adjudicates the matter. To some extent, written law and precedent tie the Judge’s hands regarding the relief he can grant the Plaintiff (the person suing) in any given lawsuit.

In contrast, mediation is a less formal and voluntary process where a neutral third-party mediator assists you—sometimes with lawyers by each party’s side—to find common ground and, ultimately, negotiate a settlement. Parties are free to agree on the terms of settlement, and the scope or structure of any such settlement is not restricted by written law or precedent. This gives you substantial control over the process and can lead to more satisfying, and even mutually beneficial outcomes.

2. Keeping the details of your dispute confidential

Integral to the mediation process is the understanding (which is usually reflected in a written agreement) that every participating party, including the mediator, is not to disclose the details of your dispute to any other third party not involved in the mediation. This ensures that you can keep your conflict and disagreements private and away from the glare of the media (newspapers, television etc.)

3. Moving from a focus on the past to a focus on the future

One of mediation’s prime advantages is its potential to preserve the relationship between parties. You might find it too extreme to sue a close friend, colleague or family member with whom you’ve fostered a long and meaningful relationship with. Identifying your differences and inserting mutually agreed terms which enable the relationship to subsist within the settlement agreement is something that allows parties to focus on the future.