Benefits of Mediation

Mediation is often cheaper and quicker than other forms of dispute resolution, particularly litigation. While some more complex disputes may require multiple mediation sessions, these sessions are generally scheduled and held quicker, and closer together than a string of court dates. This speed, the availability of mediators, and the ability most (if not all) court filing and other associated fees are cost-savers. 

In states that adopted the Uniform Mediation Act, like Illinois, and in most others, mediation is confidential. This can be a great benefit for party reputation when compared to the public nature of court cases, and is often one of the main draws of mediation for businesses.

Similar to confidentiality, the voluntary nature of reaching an agreement through mediation is guaranteed in the Uniform Mediation Act. Parties are free to leave at any time, giving them more flexibility and control. While court cases generally must reach an outcome, parties in mediation are not forced to sign or otherwise agree to a proposed solution that does not work for them..

Parties are truly involved in mediation, from opening statements to discussions to agreement drafting. This involvement not only empowers the parties, but also gives them a better understanding of and interest in upholding any agreement that is reached. 

One of the key components of mediation is reality testing--the mediator ensuring that positions and agreements are realistic and feasible. Because of this reality-testing, agreements formed out of mediation are often more practical and workable than those reached elsewhere. Reality-testing, the involvement of both parties, and the guiding hand of the mediator also ensure that the agreement is comprehensive, covering all issues and contingencies.

Because mediation often involves the parties talking or otherwise working together, and focuses on amicable dispute resolution, it can help repair or restore the relationship between the parties. The relationship is often included on the agenda, and is a focal point of the mediator. While this focus may be lessened in commercial disputes, avoiding the costs, adversarial nature, and implications of court by choosing mediation can also help businesses leave the door open for a future relationship, repair an existing partnership, or simply protect the businesses relationship in the community.