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Benefits of Participating in Mediation

Last modified: 3/6/2012 4:10 PM

To Plaintiffs

Personalized Process:

Mediation is a personalized process. When you arrive for your mediation, it is treated as an appointment. The mediators greet you and invite you and the other party to begin the mediation promptly.

Opportunity to Discuss Details:

Mediation is a forum that allows you to speak in detail about your perspective on the case. It is also an opportunity for you to elaborate upon the effect that the other parties' actions or lack of action has had upon your life. Generally, the parties are asked to reserve three hours for the mediation. Depending upon the parties or the issue, mediations may take more or less time. In court, if you present your case to the judge / commissioner, you are required to prove your case and persuade the judge to rule in your favor in a limited amount of time. The more detailed and complex the case, the more difficult it will be for you to explain every aspect and detail of the case in full.

High Degree of Satisfaction and Rate of Success:

Generally, mediation agreements are successful because the parties perform the terms for which they are responsible. Even when parties appear in court and judgments are rendered, performance according to the judgments may require that formal enforcement procedures be initiated (e.g. Attachment of Wages or Garnishment of Tax Returns), especially when the parties have been ordered to perform terms that their personal or financial circumstances make very difficult. Often times, parties that participate in mediations feel invested in the resulting agreements and because the parties agreed to terms that they were capable of performing in good faith.

To Defendant

Protect your credit history

If you go to court and a judgment is rendered against you, it will appear on your credit history reports for up to 10 years. An agreement reached as a result of mediation will not affect your credit history.

Mediation is private

A mediation occurs with only the principal parties and the mediator(s) present in a private room. All mediation participants, including the mediator, agree to uphold the confidentiality of the mediation (which means that anything they talk about during the mediation should not be shared with anyone outside of the room). In court, you will present your case to a judge or commissioner with other litigants and members of the public present.

Create your own terms

As a participant in a mediation, you have control over the outcome of your case. You have the power to propose terms of the agreement that you know you are capable of performing. You may take your personal, financial, professional circumstances into consideration when proposing and agreeing to those terms. In court, the judge or commissioner's job is to determine which party is right, which party is wrong, and order the party in the wrong to perform according to the judgment.