In general faster than litigation.
The agenda is determined by the mediator and the parties. They are free to plan their agenda’s.
Less expensive than litigation, by direct and indirect costs.
Mediation can be done by a fixed price or an hourly fee (hours to be estimated in advance and if necessary extended in agreement with the parties).
Parties can decide themselves what is the best and the second best (BATNA) solution.
It is confidential contrary to litigation where what is revealed in court is public. So their ‘privacy’ is more respected.
Third parties are not involved or informed through media etc.
Gives more liberty to organise together with the parties.
The parties are free to chose the mediator.
The mediation process is dynamic and ‘in the now’. Through and in court, there is only a very small chance to really ‘win’. Unless the case is simply about ‘yes’ or ‘no’. Real win is when both parties benefit.
When rules have to be respected and followed, like in court proceedings and litigation, there is already conflict besides the conflict it self.
Nothing in Life is static. Life is dynamic. Relationships between people are dynamic.
Rules, laws and ‘old’ agreements are static. By their ‘nature’ they already bear conflict. This besides the conflict that needs to be resolved. For example lawyers discussing about the applicable rules, the competence of the court besides the ‘real’ conflict between the parties or the problem to be solved.
Mediation is, as Life, dynamic and positive because mediation is ‘in the now’.
No third party, like a judge is ‘forced’ to pronounce a judgment where there is a winner or a loser or where mostly both parties lose.
This third party, judge or arbitrator, is forced to judge by and through rules.
Those rules don’t involve the ‘needs’ or ‘interests’ of the parties.
Also by time there is conflict by judgement. The judgment will be pronounced at a later stage not taking in account the position of the parties at the moment of the judgment.
Because (when) a judgement is not dynamic, like it is mostly the case, it can cause even more conflict than the conflict it self.
In mediation the parties stay in control of their own conflict and the solution to it. And because it is informal there are less rules blocking them to come to a solutions. In mediation both parties get the chance to gain from the result of the process!