The Benefits of Mediation
In litigation, parties place all power in a stranger (judge, jury or arbitrator) to decide who wins and who loses and the consequences. In contrast, mediation enables the parties to decide for themselves the outcome of their dispute.
Mediation is clearly a less costly method for resolving disputes compared with litigation. The sooner parties submit to mediation the greater the potential savings. The overwhelming majority of mediations result in settlement.
Privacy and Confidentiality
Litigation is a matter of public record. In contrast, mediation is completely private and confidential. The mediator is bound by strict confidentiality. What occurs in mediation is to remain confidential.
Unlike litigation, mediation can be scheduled according to the wishes of the parties and availability of the mediator. This can be done in a matter of weeks (or days) and, if successful, ends litigation. In contrast, litigation is a long, drawn-out and expensive process.
Most mediations result in settlement. Most who participate in mediation generally find closure. Considering the stress, anxiety and lost productivity that generally accompany any dispute, the more quickly a dispute can be resolved, the better for all concerned.
Mediation should be a priority among the choices for resolving disputes considering the relatively low cost, the ability of the parties to control the outcome, the privacy and confidentiality, the relatively short time it takes to schedule and engage in mediation and the high likelihood that the matter will be successfully resolved.
DAVID’S CALM DEMEANOR ESTABLISHES RAPPORT AMONG PROFESSIONALS AND PARTIES. HE PUTS THE PARTICIPANTS AT EASE AND BREAKS DOWN THE COMMON BARRIERS TO RESOLUTION.