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Recently, the phrase “It is necessary to step out of the comfort zone” has been used quite often. But is it really so? After all, it's one thing to jump with a parachute, to spend a night in the desert instead of a five-star hotel, to conquer a mountain peak and to get a lot of rewarding experience. And it's quite another thing when the habitual pace of life is disturbed by conflict situations, disputes, divorce or division of property. Most of these matters of difference develop into court proceedings. While they can be solved less painfully, through the mediation procedure, one of which advantages is comfort.
◊ Discomfort of court sessions
Duration of court proceeding depends on the nature and scope of the case, but, however it be, the whole procedure will last a few months at the very least. Often, court proceedings linger on for years. At the same time, business process does not stand still. Approaches to its management, needs and objectives are changing. In the long run, situation in the country and the world is changing so rapidly that it often happens that at the moment of conflict resolution the court decision may lose its relevance for parties.
Since the court decision is based on legal arguments, the parties are required to hire lawyers who will represent their interests.
The parties have no influence on appointment of session dates and completely depend on the judge decision. They have to adjust and change their plans. Moreover, under the general rule, the case is considered at the defendant's location. It could be another city. Or even another country, which entails additional troubles and inconveniences.
Court hearing of a commercial dispute is always public, that is, all interested persons, including mass media, may attend it. Therefore, any confidentiality is out of question.
◊ Comfort as an aspect of mediation
If the trial may linger on for several months or even years, the mediation procedure takes much less time. Depending on the dispute nature, its resolution usually takes not more than a few weeks.
At the mediation participants' will, legal counsels and other experts may join the process. Their assistance is primarily aimed at finding a way to implement the solution, to which the parties have come.
Unlike the trial, the mediation procedure takes place in a place convenient for both parties and in comfortable conditions pursuant to their arrangements.
Undoubted advantage of mediation for resolving conflict situations is its confidentiality. The parties may independently decide whether to inform mass media not only about the case itself, but also about results of its consideration. Moreover, before start of the mediation process, all parties to negotiations sign an agreement on non-disclosure of details of the dispute and details of the conflict resolution.
Having considered all the abovementioned, comfort of the parties during the mediation process is obvious and is its important advantage if compared to a trial.
Conclusions:
1. Unlike the trial, the mediation process does not linger for a long time.
2. All meetings are appointed at a time convenient for the parties, are held in comfortable conditions for them and last as long as parties to negotiations decide.
3. By resorting to mediation, the parties may avoid publicity and disclosure in mass media and may be completely confident in the process confidentiality.