Mediation

WHAT ARE THE BENEFITS OF MEDIATION?

1.  Mediations are less formal in nature. The parties meet in a conference room and negotiate and discuss concerns across the table, rather than in a courtroom before a judge.

2.  Mediations are more expedient. Typically, mediations can be scheduled within 48 hours. Once at the mediation table, many parties reach a resolution within a few hours. On the other hand, it may take months to appear before a judge after requesting a trial date.

3.  Mediations are usually more cost effective than proceeding to trial. Even if disputing parties meet for several day-long sessions, the costs of depositions, motions, communications between attorneys, preparation of documents and the actual trial amount to far more than the mediation time. Furthermore, the cost of mediation is usually shared between he parties.

4.  Mediations allow the parties to engage in a valuable reality-check. The mediator can help you to evaluate the strengths and weaknesses of your case, and to expand your options for bringing closure to the controversy.

5.   Mediations are more confidential than trials. The parties meet in private and no records of discussion are maintained. Conversely, a trial takes place in a public courtroom, recorded by a stenographer, revealing intimate facts often better kept confidential.

6.  The process is non-adversarial. The mediator does not seek to pit one party against another, but to help disputants discover common interests and mutually satisfactory solutions.

7.  The mediation process is more likely to preserve the relationship between the parties. The focus is on resolution, not assessing blame and rehashing of old, tired issues of contention.

8.  Since the parties are in control of the process, mediation often renders more favorable results to both parties. Each party is encouraged to think creatively about how to resolve their problems. At trial, both parties are at the mercy of the judge hearing their case. The judge decides the issues and more often than not, neither party is satisfied with the results.

9.   Mediations are voluntary. Even if a judge mandates that parties attend mediation, the judge cannot force them to reach an agreement. More often than not, however, mediation between hostile parties can improve the relationship and resolve some issues, if not all.

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