Being a litigation attorney for the past 15 years has taught me something. Litigation stinks. It is expensive, time consuming and perhaps most importantly, you have no control over the outcome. You are letting a complete stranger or group of strangers decide your fait.
At the end of the day with court proceedings, your idea of justice will be far from the actual result. Well over 90 percent of all cases settle. And often they settle because both sides have depleted their financial and emotional resources to the point where the will to fight has been completely drained out of them. Even a win at the trial level is not a true win because the other side always has the right to appeal.
With mediation, you control the outcome. You make the decisions and you can negotiate a win-win situation. Mediation is a process in which a neutral person facilitates communication between the parties to assist them in reaching a mutually acceptable agreement. The mediator helps the parties reach an agreement by a combination of information exchange and dialogue. At the conclusion of a successful mediation, all parties agree and the matter is resolved. If all parties do not agree, the matter can proceed to arbitration or traditional court channels. Even if you are able to agree upon only a few issues, you are still ahead of the game.
One major benefit to mediation, besides it cost, is that the process brings the parties to a mutually satisfactory resolution and can preserve the relationship of the parties. Mediation may be used at any stage of a dispute. The parties can agree to mediate before or even after a lawsuit has been filed. Hearing the other side’s version in person in a calm and relaxed atmosphere may provide a clearer focus on the problem. Also, by actively participating, the parties are able to vent their emotions and to feel they have had their day in court. Placing the power to settle directly in the hands of the parties gives them a personal stake in the outcome. Settlements reached through mediation are less likely to unravel because they are not imposed upon the parties by someone else.
The parties usually pay an hourly or per diem charge for the mediator’s time. Moreover, the mediator’s fee is usually shared so that the cost to each party, even if mediation fails, is quite moderate. Confidentiality is absolutely essential to mediation. Otherwise, parties would be reluctant to make the kinds of concessions and admissions that pave the way to settlement.
Mediation also permits creative resolutions. It allows the parties to look beyond the legal issues and determine their underlying interests in the dispute. The possibility that mediation can result in a win-win solution for both parties is one of its most attractive aspects.
Even where a settlement is not reached, mediation can be useful in narrowing the dispute and sometimes in narrowing the settlement gap. Call now for a free telephone consultation about our mediation services.
For more information, please call United Mediation Services at 661-257-8877.