The advantage of using commercial mediation over commercial litigation

Abstract

Commercial litigation is the one oldest methods of resolving a dispute between parties, which dates back many centuries. The normal way to resolve a dispute was primarily through the courts, the way to the courts is principally through the lawyers. Many lawyers recognise that following the court route for every dispute would mean it would be too costly, of legal resources, of court time. As a result of commercial litigation becoming costly, time consuming method of resolving dispute, there has been much discussion and many attempts, not only to find ways of making the court process more accessible and affordable to ordinary people, but also to divert disputes away from the courts, into various recognised forms of alternative dispute resolution such as commercial mediation. This has led to many disputant over the recent years using other forms of dispute resolution, which are cost effective and to which people are to an extent satisfied. Therefore the emergence of other forms of dispute resolutions has led to commercial litigation once being a household name, and a famous renowned process for resolving disputes in the shadows of other dispute resolutions, which to an extent are more preferred and seem as the most suitable forms of resolving disputes. For example commercial mediation in comparison to commercial ligation can be see less cost effective, less formal, lets the disputants decide upon the outcomes, less rigid, whereas commercial litigation on the other hand it expensive, time consuming an emotional and distressful process and is more formal and not flexible.