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Benefits of Mediation

Published on: 1/3/2017 12:12 PM
The ultimate goal of mediation is to encourage open communication between conflicting parties so that they may resolve their differences in a constructive way. Mediation cases provide the participants the opportunity to discuss their issues, clear up misunderstandings, and find areas of agreement in a way that would rarely be possible in a lawsuit in court. Consequently, mediation cases have many benefits and advantages over lawsuits.
SUCCESSFUL- When parties mediate their own solutions and outcomes, they are more likely to comply with the results that if outcomes are ordered by a judge. Further, when parties resolve their own conflict, there are no appeals of court judgments to worry about.
FAST- Mediations can be arranged in a short time. The average mediation lasts two to three hours, whereas lawsuits typically take months or several years. When parties want to get on with their lives, mediation allows a more reasonable timetable for resolving a dispute.
COST EFFECTIVE- Litigation can cost thousands of dollars in attorney, court and appeal fees. Our mediation services are offered at a nominal fee.
CONFIDENTIAL- Unlike court cases, which are public, mediation is typically confidential. This means there are no records or transcripts, and any statements made during mediation cannot be disclosed outside the mediation or used in court (with some spelled-out exceptions and unless parties agree otherwise). Such confidentiality fosters honest discussions and problem solving.
EMPOWERING- The parties maintain control over the concerns that affect them and create their own solutions.
COOPERATIVE & WIN-WIN- The mediation process encourages a cooperative spirit and discourages hostility, without judgment as to which party is 'right' or 'wrong'.
LESS FORMAL- The informality of mediation allows the parties to be more engaged than they would be in a court-driven process with an abundance of rules and procedures designed to separate the parties. Accordingly, since the mediator deals directly with the parties, the mediator can focus the attention of the parties upon their needs and interests rather than on their stated positions.
PRESERVES RELATIONSHIPS- One of the most overlooked benefits of mediation is that it can help preserve relationships_, business and personal_, that are often destroyed through years of litigation. Important relationships can often be saved through mediation because it is a collaborative, rather than an adversarial process, and because mediation isn’t inherently a win/lose process.
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