Mediation Advantages and Disadvantages

Advantages and disadvantages of mediation as a form of ADR.

  • Created by: GeorgeB16
  • Created on: 29-03-16 11:05

Mediation Advantages and Disadvantages


  • The process is voluntary
  • It saves a lot of time and money
  • The process is relatively cheap - the average cost of mediation is £3120
  • It reflects the interests of the disputing parties making the process equal and fair
  • Relationships are preserved which is especially important within family and business disputes
  • Mediation is actively encouraged under the Civil Procedure Rules
  • All parties retain the right to go to court if they are not happy with the outcome


  • The process is not legally binding unless it is drawn up by a lawyer which costs more money and defeats the point of ADR
  • It is not an appropriate method if the parties are entrenched
  • Parties have no access to legal aid
  • The mediator is not necessarily an expert in the disputed field so there could be an element of lack of expertise
  • The process could be considered too informal and the parties may not take it seriously


In the LAW01 exam, you won't need to write an evaluation. You merely need to state the advantages on one side, and then the disadvantages with no concluding comments. The question may only ask for advantages or disadvantages, in which case, only answer what it is asking. The examiner will not expect the other side as no concluding comments are needed. You only have 10 minutes per question so don't waste time!