Advantages of Mediation & Conciliation

Question 1

What are the advantages of mediation and conciliation?

Answer 1

• Controlled.
• Doesn’t have to be strictly legal.
• Easier for companies to continue business in the future.
• Dosen’t have ‘winners’ or ‘losers’.

Question 2

How is mediation and conciliation a controlled method of settling a civil dispute?

Answer 2

• The parties are in control and can withdrawl from the process at any point.
• A compromise cannot be reached without both parties’ agreement.

Question 3

How is mediation and conciliation not a strictly legal method of settling a civil dispute?

Answer 3

• More likely to be based on commercial common sense and compromise.

Question 4

How does mediation and conciliation make it easier for companies to continue business in the future?

Answer 4

• May include agreements about the conduct of future business between the parties.
• This cannot happen if the court gives judgement, as they’re only concerned about the present dispute.

Question 5

How is the lack of ‘winners’ and ‘losers’ within mediation and conciliation an advantage?

Answer 5

• Both parties can gain an advantage from the end result.