What is Mediation?
The term “mediation” broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is private and confidential. The mediator acts as a neutral third party and facilitates rather than directs the process.
Mediation is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties. A mediator assists the parties to negotiate a settlement. Individuals and businesses may mediate a variety of disputes including personal injuries, real estate transactions, construction defects, contract disputes, employment disputes and many others.
Mediators facilitate negotiations between the parties to assist them in reaching an agreement.
Why is Mediation Beneficial?
COSTS – The mediation process generally takes much less time than moving a case through standard legal channels. While a case can take years to work through the court system, mediation usually achieves a resolution in a matter of hours. Taking less time means spending less money on attorneys fees and court costs. In addition, litigation can have an emotional toll on the parties and also have long lasting effects on customer and business relationships.
CONTROL – Mediation increases the control the parties have over the process and in the outcome of the dispute. In a court case, the parties obtain a resolution, but control is with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties. A jury may not understand or may ignore technical presentations and other complexities of a litigated case. Litigation cannot ensure a reasoned, intelligent or fair decision.
CONFIDENTIALITY – Unlike a jury’s verdict, settlements in mediation can remain confidential. Court trials are open to the public; mediation remains strictly confidential. No one but the parties to the dispute and the mediator knows what happened.
SUPPORT – Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties explore creative means broadening the range of possible solutions.
When is the Right Time for Mediation?
The right time for mediation is ANY TIME. From the time a dispute occurs until the time of trial and beyond. Mediating settlement of a dispute before litigation is filed in court can save significant time and money. Mediation during the litigation process can provide faster resolution of a dispute. This in turn will reduce expenses of the litigation process.
Often during trial a party will be faced with unexpected evidence or an unexpected ruling by a judge. On occasion a witness will testify differently than expected or just not communicate well. Mediation during trial and settlement of the case will avoid an adverse verdict and eliminate the need for an appeal. Mediation can also be effective after a jury verdict when there is a threat of an appeal. Litigation can continue for years after a jury has rendered its verdict. Mediation can provide finality.