What is Mediation?
Mediation is an Alternative Dispute Resolution Process that helps resolve legal disputes by bringing parties together to discuss and evaluate their case and to explore mutually agreeable options for resolving controversies by voluntary agreement by the parties. This means creating a dialogue in which a neutral third party (the mediator), helps the parties negotiate an agreement. Mediation can be effective in many types of disputes, significantly reducing the time and money needed for other legal proceedings.
Benefits of Mediation
Win-win – Unlike a trial, where there is a winner and a loser, mediation is a process that allows parties to reach a win-win solution where both parties agree to the result and both sides benefit.
Time Saving – Unlike court cases, which can take years to resolve, mediation can be used early in the process and can help resolve disputes quickly.
Money Saving – Mediation is much less costly than a trial, saving the parties thousands of dollars in attorney fees, court fees, other litigation expenses and the cost of their time.
Voluntary – Mediation is voluntary and the parties are free to leave at any time and take their case to trial. Because the settlement achieved through mediation is one voluntarily selected and accepted by the parties, the outcome is more satisfying to the parties than an outcome imposed by a judge or jury.
Confidential - The mediation process is private and confidential. Evidence rules prevent anything shared or said during mediation from being introduced later in court if settlement is not reached. There is no public record of the mediation.
Creativity - Mediation offers a unique opportunity for litigants to explore and develope outcomes and resolutions that are creatively suited to the particular parties and circumstances involved in a given conflict. Trial outcomes are rarely tailored to specifically suit the needs of the parties.
There are many other benefits to resolving disputes through mediation.
These are just summary highlights.