How has mediation positively impacted the resolution of both civil and commercial disputes? Firstly, mediation is quicker, cheaper, and less stressful and time-consuming litigation. Secondly, mediation is more flexible than litigation in terms of potential outcomes. Thirdly, mediation is less likely to be harmful to the longterm relationship between the parties. Fourthly, mediation is conducted privately under less pressure and less artificial circumstances than a court hearing. Fifthly, it is far more likely that both parties will emerge as winners or at least neither party will emerge as a disgruntled “loser.” Mediation is particularly attractive to resolve civil and commercial disputes when litigation is becoming ever more expensive and time-consuming, when the law is getting increasingly complex, when legal aid is ever more attenuated, and when court fees are being increased markedly. Mediation is a great method for ordinary people to have access to justice, given these factors. The great majority of mediations are successful. CMC confirms “that 75 – 80% of cases settle on the day of mediation itself and another 10 to 15% settle shortly after.” What are the disadvantages of mediation? a) If a mediation does not work, it has corresponding disadvantages: the overall proceedings, because they involve a failed mediation as well as a trial, cost more, take more time, and are more likely to cause serious damage to the relationship between the parties. b) A litigant who is wealthy or wants to delay can use mediation cynically to put pressure on an opponent who is poor or in a hurry. c) The parties at what seemed at the time to be a successful mediation can retrospectively feel that they are into what now is an unsatisfactory settlement when they should have had their day in court. 32 LAWYER MONTHLY FEBRUARY 2024 Mediation is particularly attractive to resolve civil and commercial disputes when litigation is becoming ever more expensive and timeconsuming.
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