What is mediation?
Mediation is a process during which a specially trained impartial, neutral person, the mediator, helps disputing parties (1) communicate their positions on issues, (2) ensure that all points of view are considered, and (3) explore possible solutions. The mediator assists in reconciliation, settlement, and/or creating understanding between parties.
The parties in mediation are the only ones who have the power to decide whether or not to agree to a settlement; the mediator has no power to impose a resolution.
Benefits of mediation include:
- Mediation is orchestrated in a fair and even-handed manner in a relaxed yet business-like atmosphere by the mediator, to minimize stress and emotional trauma for all concerned.
- Mediation provides for the individual's personal involvement by allowing him or her a chance to "process" the issues in their own minds and come to a personal resolution.
- Mediation allows the parties to retain control over the outcome; the mediator controls only the process, the parties control the settlement agreement outcome.
- Mediation allows parties uninterrupted time to state positions and speak to the issues, and provides a platform to express emotions, frustrations and underlying concerns.
- Mediation focuses on feelings and interests rather than on just law and facts. The parties also settle disputes and comply with agreements because they want to, not because they are forced to do so.
- Mediation is future based; what can be done to resolve this dispute and possibly prevent such disputes in the future?
- Mediation is cost effective and costs significantly less than a jury trial. It is also less costly emotionally, than allowing a conflict to go unresolved.
- Mediation is expedient and timely.
- Mediation is a confidential and voluntary process. The parties have nothing to lose and everything to gain -- it's win/win situation.
- Mediation generally produces a favorable outcome and a high degree satisfaction of all parties involved.
What is arbitration?
How much does it cost?
- $150.00 per party, half-day (4hours or less)
- $200.00 per party, full-day (up to 8 hours)
- $200.00 per party
- $50.00 per party, half-day (4 hours or less)
- $75.00 per party, full day (up to 8 hours)
What if we can't come to an agreement?
If the parties cannot reach a settlement, they still have the option of seeking other legal remedies you do not lose any of your options by participating in mediation.
Mediation vs. Litigation
Litigation |
Mediation |
|
| Accessibility: | Months or possible years | Usually days or weeks |
| Cost: | Significant cost in terms of both time and money | Comparatively nominal |
| Preparation: | Trial preparation is expensive, time consuming and costly | Should be thorough, but is much less time consuming and costly |
| Risk: | Is a Win/Lose situation. Each party's fate is taken out of their hand and placed into the hands of the judge and jury | Normally results in a Win/Win outcome with the parties mutually agreeing to a resolution that each is satisfied with. The process is risk free. It's completely confidential and if there is no resolution, the parties still have every legal remedy available to them. |
| Focus: | The focus is primarily on the facts and the law. | The focus is on the parties' respective positions, issues, interests and emotions. All points of view are considered. |
| Procedure: | Trial procedure is highly structured and for most parties, stressful and traumatic. | Is more informal and relaxed. Less threatening and stressful. Allows parties the opportunity to freely express themselves. |
| Results: | Normally produces a winner and a loser resulting in at least one party being dissatisfied and unhappy. It is not uncommon for all parties involved to be less than satisfied with the outcome. | Generally, produces a favorable outcome with a high degree of satisfaction on the part of all parties with both the process and the results. Nationally, approximately 75% of all cases submitted to mediation result in an agreement between the parties. |
What do I have to lose?
The simple answer is almost nothing. If an acceptable settlement agreement is not reached through mediation, the parties and their attorneys will have expended a minimum amount of time and money. However, this loss is generally very minimal and information gathered in preparation for mediation will be useful later in trial preparation. The success or failure of a mediation session cannot always be measured solely by whether or not the parties "settle" their case. Rather, if significant progress is made, if issues are limited, if either, or both parties gain a more realistic view of the case, then the mediation process has been successful.