Mediation is a form of dispute resolution facilitated by a neutral third person who assists the disputing parties in finding mutually acceptable solutions. It gives the parties the opportunity to discuss and clear their issues and find areas of agreement. If the parties reach an amicable solution, they may enter into a binding and enforceable compromise agreement.
The mediator is the neutral third person whom the parties agree to help facilitate their negotiation to achieve an amicable solution. The mediator facilitates the negotiation process without making the decision on the issue as the outcome rests solely on the decision of the disputing parties. In the court-annexed mediation, the mediator may be a lay qualified person.
Types of Mediation
Out-of-Court Mediation is the mediation of a pre – litigation dispute. Even though a plaint has been filed and the dispute is during the litigation process, the disputing parties can also agree to carry out the mediation without any court involvement.
Court-Annexed Mediation is the mediation conducted while the cases are still pending in court. It is a dispute resolution mechanism that can enable a convenient, speedy and efficient settlement. The disputing parties may achieve a mutually satisfactory settlement in which there is no loser or winner from the outcome. Both parties can emerge as the winner with a win-win solution that can preserve their long-term relationship. The outcome of the Court-Annexed Mediation can be stated in the compromise agreement and issued by the court. This agreement acts as the court’s order. In case there is any party who fails to comply with this agreement, the other party can start the legal execution process immediately.
Advantages of Mediation
In some circumstances, mediation may be preferable to filing a lawsuit. Mediation provides many significant advantages, including the following:
Greater Control and Flexibility. In mediation, the parties are in control of the negotiation process and have a greater flexibility in attaining a solution suitable for the parties’ needs.
Preserves relationship between the disputing parties. Mediation can help preserve business and personal relationships, that would likely be destroyed through years of litigation. Because mediation isn’t naturally a win/lose process and because it is a mutual, rather than oppositional process, important relationships can often be saved.
Confidential. Mediation is normally confidential. The parties participating in a mediation process usually agree to confidentiality of the process, and not to use the information that is known to them during the mediation for other purposes such as in the litigation. Any evidence used during mediation cannot be disclosed.
Minimizing appeal cases. Mediation reduces the number of appeal cases as the disputes are settled.
Compliance. Compliance with an enforceable settlement agreement is generally higher than with lawsuits.
Reference: Mediation Center of Court (Pattaya Provincial Court)
By: Magna Carta Law Office