Mediation
Mediation has increasingly become the preferred choice as people realize that their disputes do not have to land in court. Rather, mediation is an alternative which has a track record of over 90% success in resolving not only simple but also complex multi-million dollar multi-party disputes. Resolving disputes in front of a judge of OR jury costs everyone much more time and money than resolving them disputes using mediation. Mediation is a process which embodies the concepts of efficiency, empowerment and conservation of everyone's time and energy.
Mediation is voluntary. Parties negotiate their own agreement in a safe setting with the assistance of a trained mediator. Parties choose whether or not to enter into mediation, as well as how long they continue to try to reach a resolution in mediation. The earlier mediation occurs in the litigation process, the more control parties will have over the resolution of their matter.
Parties carry on settlement discussions with confidentiality agreements so that the parties can feel free to discuss facts that are not later admissible in legal proceedings.
The mediator is trained to assist the parties in resolving their dispute with or without their attorneys. The mediator is a neutral facilitator, is not a judge of the issues, and has no authority to decide the outcome of the case. Once the parties reach an agreement, the mediator assists them in deciding how to enforce their agreement.
Historically, agreements resulting from the mediation process hold over time since the parties themselves craft the terms of the settlement which includes provisions for enforcement of the agreement.
The following are some other reasons why many choose mediation over litigation:
- Mediation is economical and maximizes the use of financial resources. Litigation is generally much more expensive and can result in an outcome that doesn't meet the objectives of either Party.
- In mediation, the parties involved control the decision making process, whereas in litigation a judge or jury comes up with a ruling that may not satisfy either party.
- Litigation may be a lengthy process; mediation provides parties the opportunity to "move on" rapidly with their lives and businesses.
- Agreements in mediation can be designed using creative solutions and are therefore free from the outcome-oriented judicial procedures of the courtroom or arbitration.
- Agreements can include terms for guarantees of confidentiality when circumstances make confidentiality more comfortable and legally important.