• Mediation is an effective tool for conflict resolution
• Mediation avoids litigation, which is often very costly
• Mediation allows issues to be managed by a third party
• Mediation can mitigate the divisiveness of a conflict
• Mediation expedites resolution and closure of a conflict

Every effective organization, from families to complex businesses, from political parties to sports teams, at some stage will have to manage conflict. Failure to resolve conflict can result in division within an organization which in turn leads to lower team morale together with the problems that attend divided and disgruntled employees or members. Bringing in the services of an outside mediator can resolve conflict quickly and effectively so that the organization can do what it is best at doing.

Mediation vs. Litigation

People in business are beginning to realise that litigation is often costly, both financially and in terms of organisational stress. In addition going to court is time-consuming. As the litigation process focuses on a strict interpretation of applicable laws, the outcomes produced by litigation often ignore the interests and needs of the parties - economic and business factors are not considered by the court. Costsaving is not only a business imperative but also an ethical one.

Both in South Africa and elsewhere, mediation is increasingly being used as a more effective means of resolving disputes, simply because mediation offers various advantages.

The Advantages of Mediation

• Comprehensive and customised solutions which are more creative and wider in scope than could normally be achieved through a legal process become possible through mediation
• A greater degree of control and predictability of the outcome - parties who negotiate their own settlements, with a mediator guiding them, have more control over the outcome of their dispute and more personal empowerment in the resolution;
• Expedited settlements - in an era when it may take as long as a year for a case to proceed to court and multiple years if a case goes to appeal, the mediation alternative often provides a more suitable option.
• Mutually satisfactory outcomes are reached as solutions are agreed to rather than imposed by a third party decision maker
• A higher rate of compliance – as a result of the satisfactory outcome, parties are more likely to comply with the terms of the solution ensuring that the agreement remains intact over time and is therefore sustainable
• Preservation of an existing relationship or termination of a relationship in a more amicable way - a mediated settlement addresses all the parties' interests.

Research in the UK revealed that roughly 60% of commercial disputes are resolved at mediation with a further 20% being resolved within two months of the mediation intervention. Typically mediation should occur within one working day and rarely extends beyond two days.