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Advantages and Disadvantages of Mediation by Mind Map: Advantages and Disadvantages of Mediation
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Advantages and Disadvantages of Mediation

Advantages Compared With Litigation

Quicker and less expensive More likely to encourage collaboration and cooperation Resolution is more efficient and makes better use of parties’ resources Can address all issues More creative remedies are possible The entire conflict can be dealt with, including conflicts with nondisputants Likely to reduce meta-disputes Promotes greater quality of consent and psychological ownership Relationship advantages Can transform disputants by empowering them, teaching them negotiation skills, and helping them see the other disputant’s point of view Can streamline the dispute even if an agreement is not reached

Disadvantages Compared with Litigation

Mediation does not always result in settlement Litigation guarantees an outcome Mediation does not create legal precedent which can prevent legal reform Incompetent mediators may contribute to the exploitation of a weak disputant Because Mediation is Private: Vindication and public reprimand are not available remedies Mediators might be more likely to act on their prejudices that would litigants and judges

Disadvantages Compared with Negotiation

Mediation is more expensive If negotiation is proceeding very well, it may be counterproductive to introduce a third person

Advantages Compared with Negotiation

Better able to move disputants past impasse Presence of a third party often alters the relationship dynamics that led disputants to impasse Mediators can say things to the disputants that the disputants would devalue if coming from one another Better at teaching disputants how to negotiate effectively Mediators can address issues of trust, anger, and communication more effectively “Good” mediators are usually more effective at diagnosing the conflict and choosing appropriate methods of addressing it Usually results in more creative resolutions better tailored to the interests of all disputants