What is the primary goal of mediation in contractual disputes?

The primary goal of mediation in contractual disputes is to achieve a compromise between the parties involved. Mediation is a collaborative process where a neutral third party, the mediator, facilitates discussion and negotiation between the disputing parties with the aim of reaching a mutually acceptable resolution. This method prioritizes communication and understanding, encouraging both sides to explore their positions and interests to find a workable solution.

Unlike other approaches that may focus on determining legal rights or assessing damages, mediation seeks to foster cooperation and dialogue. The emphasis is on finding a resolution that is satisfactory to all parties rather than on assigning blame or providing legal interpretations. This goal makes mediation a valuable tool in resolving disputes efficiently while maintaining relationships, as it allows parties to craft solutions that may not be strictly available through litigation or arbitration. Additionally, mediation is often less formal and can be quicker and less costly than pursuing legal options, enabling parties to move forward without the enduring animosity that can arise from adversarial processes.