To Mediate Or To Litigate? That Is The Question!

Litigation is often the first route that parties take when a dispute arises. It is often pursued when it is evident that the other party does not wish to co-operate and litigation thus ensures that the matter is adjudicated. The decision of the court binds the parties. But there are many downfalls to litigation, especially when the parties have familial ties or run in the same crowds. It may even extend to the employer-employee relationship where a dispute arises, but the employee does not wish to exit the company. So what alternatives to litigation are there when a dispute arises?

Mediation as a form of Alternative Dispute Resolution (hereafter "ADR"), is a process that involves a neutral third party to assist the parties to litigation in resolving their dispute. Through identifying and isolating the relevant issues, suggesting possible concessions and generating options, the parties are assisted in resolving the conflict.