Why mediate?
May 7th, 2007 by admin
- Mediation is a confidential and private process.
- Mediation is a structured process, yet informal.
- You set the timetable to mediate. There is no need to wait for a lengthy litigation process.
- Mediation can save a lot of time. A resolution might be reached in a single session.
- The sooner a resolution is reached, the sooner one can experience the lifting of the burden of the conflict, and the relieving of the stress, anxiety, uncertainly, distraction and expense of the conflict.
- The parties control the outcome of the process. The outcome of litigation is never a “slam dunk.” There is always some uncertainty in the outcome.
- Mediation is much less expensive than litigation. Even a very simple lawsuit can cost several thousand dollars in attorneys fees, plus costs, which can be significant if there is discovery and depositions. Usually, parties pay for their own attorneys, and there can be a risk of also having to pay the opposing party’s attorney fees if one losses. The earlier in the litigation process mediation is used, the greater the cost savings can be. The cost of a mediation session can be less than a single hour of attorney time.
- Mediation can address all conflicts and concerns, not just legal issues.
- It is possible to reach comprehensive practical solutions that are tailored to each specific situation. Solutions can be very creative.
- Mediation can help the parties preserve on-going relationships.
- Since the parties have invested in the mediation process, solutions reached are more likely to work and be performed by the parties than when a court dictates the results.
- Mediation is voluntary. One’s legal rights are preserved if no solution is reached.
- Even if a comprehensive solution is not reached, mediation can lead to better understanding and improvement in situations which can prevent legal confrontations.
- Mediation can be flexible. Attorneys may or may not be involved, depending upon the wishes of the parties and counsel. Any written agreements can be reviewed and approved by counsel for each party.
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