Fundamentally most of the advantages of mediation are to be classified to five higher categories of usefulness:
Compared with it, legal proceedings are mostly connected with high costs, uncertainty, considerable waiting periods and loadings. Generally mediation is quicker, cheaper, more efficient, more constructive, more flexible and more integrative. Mediation does not focus culpability, norms and paragraphs, but the interests of the conflicting parties, it does increase the scope of action.
The both instruments are meaningful and entitled to cope with difficulties. However, they are different in many respects, amongst other things for instance, the way to approach:
Mediation | Court | |
Communication of interests | in place of | definition of rights and duties |
Elucidation of conflicts | in place of | clarification of facts |
Assumption of perspectives | in place of | clearance of faults |
self-regulation | in place of | heteronomy |
Voluntariness | in place of | in-voluntariness |
Orientation about matters | in place of | orientation about norms |
Concerted solution | in place of | decision - solution |