Why Mediation Is Better Than Negotiation for Settling Disputes

When two parties want to settle a dispute, negotiation and mediation are two avenues they can try rather than immediately filing a lawsuit with the courts. Both are self-help methods to solving disagreements between two parties, each with its own advantages and disadvantages.

What’s Involved in Negotiation?

Negotiation involves discussions between the two parties for the purpose of reaching an agreement each party sees as reasonable. Humans practice the art of negotiating from the time they are children asking parents to grant some specific wish or when dealing with a family member or friend in reaching agreement on a topic.

Benefits to Negotiating

The most popular benefit to choosing negotiation is its low cost. It is one of the least expensive ways to arrive at a dispute settlement that is agreeable to both parties.

Disadvantages to the Negotiation Process

If negotiation prioritizes speed over being thorough, both sides may eventually feel resentful that their viewpoints were not fully aired nor heard. One. or both parties. may continue to feel dissatisfied, with the dispute escalating rather than being permanently settled.

The Mediation Process

Mediation involves having a third-party present for the purpose of settling the dispute.

Advantages of Mediation

Mediation is usually viewed as superior for resolving disputes because it is consensual, relatively quick, flexible and costs little for either party involved.

Disadvantages of Mediation

If an agreement reached through mediation is not honored by both parties, the only remedy may be to enforce the agreement through the courts. These complications can be avoided by ensuring that the agreement reached is considered reasonable by both parties or by issuing the agreement as an arbitration award.

Getting Experienced Assistance

When choosing mediation, our team of Palm Springs mediation attorneys are ready to assist you to keep the process as simple and painless as possible. If any negotiations you have tried have failed to reach a reasonable settlement, contact our Palm Springs mediation attorneys to find out how we assist you in re-establishing communication with the other party. We can then guide you throughout the mediation process in order to deliver a satisfactory and permanent solution to your dispute.