Lesson 1, Topic 1 of0

4.6 Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) in which a neutral third party, known as the mediator, helps disputing parties to communicate, negotiate, and reach a mutually acceptable resolution to their conflict or dispute.

Advantages of mediation

  • It is relatively cheap compared to court
  • It is generally first since mediators are readily available
  • It does not involve complex procedures which must be allowed
  • Settlement reached in mediation is more agreeable to both parties than court judgment.

Disadvantages of mediation

  • It does not always result to resolution of or dispute if one party refuses to cooperate.
  • It lacks procedural protection guaranteed by courts.
  • Legal precedents cannot be set in mediation

There is no formal way of compelling the other party to disclose any necessary compelling information.