Why mediation offers the ultimate in flexibility

One thing I often say to clients is that mediation is far more flexible than the court system.  You can literally agree whatever settlement you like (providing it is legal!). This may mean that, if you are a paying party, you might get longer to pay, or as the receiving party, you might be able to negotiate a higher amount in return for stage payments.  In appropriate cases, you can also agree some form of security for stage payments. By contrast, a court is likely to award a sum, to be paid within a relatively short period, but if payment is not made, you then have to go back to court to enforce the award, creating more stress and cost. 

Flexibility also means other things, like potentially an apology. Or, if there is to be an ongoing relationship between the parties, for example, they are neighbours, an agreement about how things might be dealt with to avoid future disputes.  So, you can take a holistic approach and try to tie up loose ends, things that are niggling you, or that might become a problem later on. This is because it’s all within your control and if the other party is willing to engage, you can tackle whatever issues you want in whatever way you want.

A court is simply not able to do this, as there are strict rules about the limits of its powers, and it doesn’t have the time to devote to anything beyond the legal issues in the case.