Fundamentally most of the advantages of mediation are to be classified to five higher categories of usefulness:

  • Quick and efficient settlement of conflicts
  • Realization of the interests and necessities (justice of the outcome)
  • Reconciliation, resurrection and improvement of communication
  • Encouragement of self-awareness, self-determination and self-responsibility
  • Creation of a constructive culture of debate consensus-orientated

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

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