1. Mediation is private and confidential. Information disclosed at a trial can be recorded and made public in the media. In contrast, information shared by the parties during the mediation process will be completely confidential and would not be used as evidence in court.
2. In mediation, the parties retain the right to decide on the outcome of the dispute. At the conclusion of a trial, the judge will issue a decision to resolve the dispute without depending on any opinions from the parties. In contrast, the parties in mediation are the ones who make the final decision to resolve their dispute.
3. Mediation brings positive results. Filing a lawsuit may ruin the relationship between the parties. The court’s ruling may mention the implementation of damages but cannot fully resolve the basic conflict issues between the parties. In the meantime, mediation can maintain and in some cases promote the relationship between the parties because the parties will directly talk to each other about their disagreements and have the opportunity to understand more about each other. Mediation also brings the parties to an agreement based on the parties’ satisfaction and the rights of all parties.
4. Mediation is cost-effective. The cost of mediation is lower than the cost of litigation. Also, mediation requires less preparation and avoids delays in opening a trial.
5. Mediation is a voluntary procedure. In litigation, the parties may be forced to attend the trial or be reluctant to attend the trial due to fear that the Court will issue an adverse judgment for them in the absence. In the meantime, during the mediation process, the parties are free to decide to attend their mediation without any pressure.
6. Mediation provides a friendly and flexible way to resolve disputes. When choosing a mode of action in court, the parties are required to follow specific rules governing the proceedings from start to finish. In contrast, mediation takes place through exchanges between parties in a friendly and flexible environment that does not require the rigid application of any procedural process like in a court.
(c) VICMC 2019
Vietnam International Commercial Mediation Center – VICMC
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