Why Mediate? Here’s a Checklist

Mediation is a conflict resolution process in which an unbiased mediator tries to help the people settle their dispute out of court.   These are some of the important advantages of mediation over other dispute resolution processes.

1. Mediation is confidential.    You can tell the mediator about all the important issues in your case, and he can’t tell the other side without your permission. And when your case settles, the terms will not be part of a permanent court record.
2. Mediation is without prejudice. Nothing said or offered during the mediation can be brought up later in Court.
3. You are in control.  The purpose of mediation is to reach a settlement, but you, along with your attorney, make all the decisions.  No judge will be imposing a settlement on you without your agreement.
4. If you reach a settlement, you will have certainty about your case.  Your case will be essentially over,  and you  not have to face unpleasant testimony by the other side and their witnesses. You can begin to get on with business again without a court case hanging over your head.
5. Solutions can be creative.  The parties can make decisions based on the specific circumstances of the dispute.  A Judge is limited to specific decisions based on case law, precedents, and “cut and dry” solutions.  Mediated settlements allow for as many creative solutions as can imagined.
6. The cost for mediation is much less than the cost of going to trial.  The longer a case drags on, the more it costs  in attorney fees and court costs – not to mention the business costs of prolonged uncertainty.