Saturday, July 9, 2016

Key Benefits Of Environmental Mediation

By Scott Sullivan


Negotiation is an informal way of resolving conflicts among parties that disagree. It provides the disagreeing persons an opportunity to engage and come up with workable solutions. Find some of the advantages of environmental mediation and a few disadvantages it is associated with.

Compared to the expenses incurred in a typical lawsuit, mediation is way less expensive. Generally, it costs a lot of money to hire good lawyers for parties to any legal battle. This makes this technique the best option to people who want to resolve disputes without spending a fortune. Further, there are many non-profit organizations that provide the services free or charge or at a small fee.

The technique largely uses informal ways to resolve disagreements. You want to keep in mind that parties do not have to deal with many rules, as is the case with court processes. Negotiation encourages people to engage each other in open discussions in order to reach a settlement. Due to the absence of bureaucracies, the mediator focuses all their attention on the parties and their interests.

The method is highly confidential. This is usually not the case where each detail of a case has to be documented and stored for future reference. Under mediation, no records of evidence introduced to be used to reach a settlement or transcripts are kept. Additionally, details of the case are also not to be disclosed to anyone who is not subject to the disagreement.

Mediation as an approach to resolving issues also plays a great role in preserving relationships. This is a benefit that is often overlooked but it equally as important as any other you will come across. Personal or business relationships are often ruined when affected parties battle it out in the courts. The system is always lauded for its collaborative ways rather than adversarial means used in a typical litigation.

Through mediation, better results are often achieved. Litigation takes the adversarial route meaning there has to be a party that loses. However, under the technique in question people report feeling more satisfied with the agreed resolutions. This is because there is no admission of fault and all the settlements are mutually agreed on. In addition, those who are subject to the case feel more in control of the outcome.

Workable and easily implementable decisions are reached upon. Because the conflicting persons are involved, they are able to come up with resolutions they can implement. Negotiated approaches include ways in which agreements are to be carried out. This increases the chances of the affected complying with the settlement terms. This ensures that the agreements entered into hold up over time due to the cooperative nature of the technique.

There are a few downsides to mediation that are worth considering. First, there is no guarantee that the parties will get to an agreeable settlement. In some cases, they may still find themselves headed to the courts. Negotiation also does not provide a formal discovery process and there is absolutely no way of compelling the parties to reveal vital details to a case.




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