A win-win situation is in most cases more appreciated than one where we are trying to find a guilty and an innocent party. The mediator as opposed to the judge does not impose a solution. He or she listens to both parties, without trying to find the best arguments or reasons. After listening to both parties he or she is placed in a position where the mediator can advise the best solution to satisfy both parties. As the department of justice Canada says:.
The mediator helps the parties reach an outcome that satisfies them rather than one aimed at proving right and wrong. Through mediation, parties are able to work together to reach a solution, which can be more creative than that which the court would. .
Mediation is most useful in cases where discussion is possible and where a decision can be made fairly simply. It is also a good choice when people have a disagreement over a particular issue but want to work together in order to keep a business or personal relationship. Mediation is also a beneficial choice when strong feelings are obstructing the continuation of the decision-making process. Here are a few fields where mediation is found to be significantly practical because they are fields where discussion is possible between parties; family disputes, business disagreements, contract disputes, insurance claims, employment and environmental issues and many others. These are only a few fields where mediation is less adequate than going through the judicial system, because the court system tends to be more impersonal and complicated. .
In some cases, judges will order mediation before they will hear a case in court in order to avoid court congestion. This situation often occurs in less formal cases that can be solved easily without the presence of a formal judge and a formal trial. Mediation is on the rise because more often than not, parties are able to recognize the problem and solve it while communication is still possible, before the problem becomes dramatic.