Libel or defamation cases arise when someone makes a negative, false statement about another person or business verbally or in writing. Mediation has been highly successful in the libel and defamation context for several reasons, including the following:

Limited Publicity

One of the most damaging aspects of a libel or defamation case is negative publicity. If the plaintiff wants to pursue the case, there is additional attention on what the negative statement is. Mediation is confidential, so there are no any unauthorized parties who will hear additional information. In litigation, there may be more exposure to the case, which can negatively impact the parties.

Opportunity to Correct Action

In litigation, the possible relief is usually very limited. A judge or jury may be empowered to award financial damages but may be unable to offer any other form of relief. In mediation, the parties may agree to a retraction, a positive review or some other action that improves the image of the plaintiff.

Cost Savings

Litigation is expensive. There may be a flurry of motions to try to dispose of the case or to reach an early resolution of it. However, these motions often involve substantial attorney time and may exponentially increase the cost of litigation. Mediation is much more affordable. The parties can save on attorneys’ fees if they are able to reach an agreement in mediation. They can also split the costs of the mediator.

Time Efficiency

Libel and defamation cases often take more than a year from the filing date to be heard. During this time, the aggrieved party may continue to suffer from the harm to his or her reputation. This may cause him or her to lose business from others or miss out on important opportunities.