While settling a case is often the primary objective of mediation, numerous other advantages can emerge from the mediation process itself. Mediation can provide valuable insights, facilitate communication, and open doors to alternative paths forward even when a full settlement is not reached.
Here are the top 10 positive outcomes, besides settlement, that can arise from skilled mediation:
1. Getting an objective third-party perspective
After reviewing and handling thousands of similar cases, an experienced mediator brings a neutral, impartial viewpoint to the dispute. Their insights, based on a deep understanding of legal trends, jury expectations, and past outcomes, can help each party reassess the strengths and weaknesses of their case in a more objective light.
2. Revealing your opponent’s real arguments
The mediation setting provides a unique opportunity for both parties to hear directly from the other side about the evidence and reasoning they plan to use at trial. This can reveal insights and perspectives that may not have been fully anticipated or understood.
3. Managing client expectations
When solicitors disagree with their client’s assessment of the case, the mediator can serve as an objective voice to convey complex messages and realistic perspectives the client needs to hear. This can help manage unrealistic expectations and encourage a more pragmatic approach.
4. Giving the Claimant a chance to be heard
Mediation provides many claimants a rare and valuable opportunity to confront the defendant directly, voice their grievances, and have their concerns acknowledged before negotiating a settlement. This can be an essential step in the healing process.
5. Reducing Contentiousness
Face-to-face meetings between opposing parties have become less common. However, mediation fosters personal interaction between opponents in a problem-solving setting, which can help reduce hostilities and promote a more constructive dialogue.
6. Finding Smaller Areas of Agreement
Even if a full settlement cannot be reached, mediation allows parties to identify and find compromise on more minor issues, helping to map out an agreed way forward and potentially paving the way for future progress.
7. Negotiating Risk-Reducing Agreements
In cases where an entire settlement stalls, mediation can facilitate the exploration of alternative agreements, such as Part 36 offers, which promote settlement through the use of potential cost sanctions.
8. Pursuing Other Alternative Resolutions
Suppose an impasse is reached and a settlement cannot be agreed upon. In that case, mediation allows parties to consider and explore other alternative dispute resolution (ADR) methods, such as arbitration, which may provide a more efficient path to resolving their dispute.
9. Crafting Creative Non-Monetary Resolutions
Unlike a trial, mediation provides the flexibility to find remedies beyond simple damages awards. This can include non-monetary remedies such as injunctions, specific performance, declarations, or other creative solutions tailored to the specific needs of the parties involved.
10. Maintaining Momentum Towards Settlement
Even if a complete resolution is not finalised during the mediation itself, skilled mediators will continue working with the parties post-mediation to maintain the momentum and progress achieved, increasing the chances of eventually reaching a mutually acceptable settlement.
So, whilst an achieved settlement is the ideal scenario, it is clear there are a multitude of other positive results that can unfold through skilled mediation, even if a final settlement does not occur at that specific stage. The mediation dialogue often lays the crucial groundwork for a later negotiated resolution between the parties.
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