Advantages And Disadvantages Of Environmental Mediation

| Saturday, July 16, 2016
By Scott Sullivan


Most people who find themselves in disagreements seek to know what negotiation offers. The approach has been lauded for its many benefits and has been gaining popularity in the recent past. Learn the advantages that environmental mediation offers to those who decide to use the approach.

Compared to the expenses incurred in a typical lawsuit, mediation is way less expensive. Generally, it costs a lot of money to hire good lawyers for parties to any legal battle. This makes this technique the best option to people who want to resolve disputes without spending a fortune. Further, there are many non-profit organizations that provide the services free or charge or at a small fee.

The approach is relatively simple. With mediation, there are no complex procedures designed to be followed by the parties. The setting is normally informal and everyone feels free to discuss intimate issues openly. These open engagements that are informal allow people to be more open. Rather than focusing on the procedures, the mediator is able to focus on the interests of the conflicting parties.

Negotiation as an approach to resolving issues is highly confidential. This implies that no records of evidences introduced to a case are kept. In addition, there is a general agreement that the details of the case are not revealed to parties not subject to it. In a court case, details are often made public and records also kept for future reference. This makes every party nervous and derails discovery.

Negotiation is the best approach that can be used to restore and preserve relationships. This is a benefit that should not be overlooked, as it cannot be achieved through litigation. Court battles have a way of destroying personal and business relationships almost permanently. However, mediation uses collaborative approaches to resolve issues. In this way, parties leave the process happy to have found a settlement.

Better results are achieved. Most people or groups that solve their problems through the means report being more satisfied with the outcome. This is not the case with lawsuits where one has to lose for the other to win. Arbitration ensures that there is no admission of fault and the agreement is agreed upon by all. Further, there is no winner or loser at the end of the case.

Generally, compliance to the resolutions is normally higher under mediation than with court cases. Those who mediate their disagreements collaborate in coming up with solutions they can implement. There is no forcing a resolution on them and so they feel more obliged to carry out the implementation of the agreements. This is not the case with litigation where the judges are the ones to tell the parties what they have to do.

There are a few downsides to mediation that are worth considering. First, there is no guarantee that the parties will get to an agreeable settlement. In some cases, they may still find themselves headed to the courts. Negotiation also does not provide a formal discovery process and there is absolutely no way of compelling the parties to reveal vital details to a case.




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