What is mediation?

 

The basic process of mediation is a discussion with an impartial third party, called the mediator. The mediator will work with all parties in a dispute to allow them to work toward a result that is satisfactory to all. Litigation does not allow for creative solutions--it picks a winner and a loser, or sometimes two losers. And often, even the winner loses, by spending thousands of dollars, investing hundreds of hours of time, and severing relationships.

 

What types of cases can be mediated?

 

Just about anything. Personal injury, elder care situations, neighborhood disputes, disputes between employers and employees, disputes between employees, divorces, child custody, visitation, real estate transactions, business transactions, contract disputes. In short, if people can argue about it, it can be mediated.

 

How successful is mediation in resolving disputes?

 

Mediation has been shown to be very effective. While it depends on many factors, including the matter being mediated, the willingness of the parties to negotiate, the parties' attorneys, and of course the mediator, over 90% of disputes submitted to mediation are resolved.

 

Do I need to file a lawsuit before mediation?

 

Absolutely not. The costs of litigation can be avoided completely by agreeing to mediate a dispute before filing a lawsuit. Mediation can be started at any point in the dispute resolution process.

 

How long do mediations take?

 

It depends on the parties, and the issues that need to be resolved. We suggest anticipating that it will take all day. Often it will take less time, but it is important not to shortchange the process by leaving early or feeling pressured by time constraints.

 

 

What are the advantages of mediation?

 

Mediation gives you an opportunity to be heard. Mediation lets parties discuss their disputes in detail. Litigation is highly structured and allows only facts permissible under the strict rules of evidence to be presented. The fact that you may be hurt or angry is irrelevant in litigation, but can be addressed in mediation.

 

Mediation is much less expensive than litigation. Expert witnesses, endless motions, protracted discovery, and appeals are all unnecessary in mediation.

 

Mediation puts the parties in control. Litigation forces you to give up control to a judge or jury who only knows what the rules of evidence allow them to hear. Mediation allows you to make your own decisions.

 

There are no losers in mediation. In litigation, at best one side will win, and one side will lose, and even the winner does not always get what he or she wants, and will usually have paid a large sum of money and spent a large amount of time to get there. Mediation allows the parties to creatively craft their own solutions. Mediation allows people to craft creative solutions that benefit everyone.

 

Mediation is generally faster than litigation. Most mediations are completed in one day or less. In litigation, your case may linger on the court docket for months, then take weeks or months after your trial to be decided, then take months or years in appeals. Mediation lets you resolve your dispute immediately.

 

Even if mediation fails, you have not given up your right to pursue litigation.

 

Mediation is private. Except in very limited circumstances, litigation is a completely public forum. In mediation, your discussions, and your solutions, are private.

 

Please contact us for more information.