Mediation
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Compared to a lawsuit, mediation is swift, confidential, fair, and low cost. Here's a full explanation of its advantages.
If you've given up on negotiating a settlement of your dispute directly with the other party, mediation may be the most painless and efficient way to solve it. Mediation is quick, private, fair, and inexpensive compared to a lawsuit. Mediation sessions are usually scheduled within a few weeks or, at most, a couple of months from the time of a request -- and most sessions last only a few hours or a day, depending on the type of case. In contrast, lawsuits often take many months, or even years, to resolve.
Mediation has become widely recognized as a cost efficient and expeditious alternative to trials, which involve substantial expense, risk, and exposure. Mediation also offers finality to disputes that may otherwise result in protracted and arduous litigation. Mediation — whether we are talking about resolving a family matter, a business dispute, or an employment issue — can produce the results you want with a significant savings of time, stress, and money as well.
Mediation is particularly valuable when your dispute involves another person with whom -- either by choice or circumstance -- you need to remain on good terms. This may include family members, co-workers, business partners, your landlord, neighbors, or others with whom you have a continuing personal or business relationship. Lawsuits polarize and ultimately ruin relationships, so a huge advantage of mediation is its ability to get a dispute resolved without destroying a relationship.
Mediation is a non-binding negotiation process that provides an opportunity for all parties to be fully heard and exchange views on disputed issues in a controlled environment. The parties and counsel will be asked to execute an agreement confirming that mediation is confidential and that the mediator cannot be called as a witness in any proceeding — whether at trial, arbitration or motion — except for the purpose of confirming the terms and conditions of a settlement consummated at mediation.
The mediator assists the parties in exploring all solutions, including non-monetary solutions. However, the mediator has no authority to impose an award or verdict. As the mediator, our partner will obtain thorough position statements from the parties, review relevant pleadings (if any), and listen closely to the parties' positions in joint caucuses and individual meetings with the parties.
Mediation is successfully used for a variety of purposes. Mediation assists parties in identifying issues and provides the parties with an opportunity to express their views of the case. It also assists the parties in obtaining a solution to meet specific needs or interests and allows the parties an opportunity to explore settlement with a dramatic reduction in the cost of litigation and without the drain on productivity, loss of control over the outcome of the case and the delay occasioned by the nature of the litigation system.
Another advantage of mediation is confidentiality. With very few exceptions (for example, where a criminal act or child abuse is involved), what you say during mediation cannot legally be revealed outside the mediation proceedings or used later in a court of law. By contrast, one of the drawbacks of going to court is that, by and large, everything said or submitted in connection with a lawsuit becomes available to the public. Only by a special order of a judge can information be "sealed" from public exposure. So whether your desire is to protect your trade secrets or just to avoid airing your dirty laundry in public, your privacy will be substantially greater with mediation than with litigation.
Mediation is always a good investment of time and effort — regardless of whether or not you are able to avoid trial. However, if the matter does not resolve, the matter continues as if the mediation had not occurred and neither party is prejudiced.
Let us attempt to secure a favorable mediation for you. Call us at 866.494.6829 or send us an email.