MEDIATION SAVES TIME AND MONEY
In addition to the significant cost and time savings that mediation offers, there are several compelling reasons to choose mediation.
MEDIATION PROVIDES CONTROL OVER OUTCOME
Once parties proceed to an adversarial setting during litigation or arbitration, almost all control over the outcome is relinquished to an outside decision maker. Mediation helps parties avoid these associated risks. In mediation, parties have ultimate control over the outcome of a dispute. Through facilitated negotiation, they have the opportunity to design their own solution. Unlike jury trials or arbitration, in mediation, a decision or ruling will not be imposed on the parties as in an arbitration or jury trial.
MEDIATION IS CONFIDENTIAL
Mediation is a highly confidential process. Aside from very certain exceptions, both state and federal laws ensure that all communications in mediation are excluded as evidence in adversarial processes. Parties can have confidential communications with the mediator and are able to control what information may be disclosed to the other side. The result of this confidential communication is a more amicable, authentic, and satisfying process.
MEDIATION IS VOLUNTARY
Mediation is voluntary and non-binding. The parties in a mediation are never forced to enter into an agreement or agree to terms that are not acceptable to them.
MEDIATION AVOIDS LITIGATION
Mediation is non-adversarial and helps parties avoid the time and financial obligation inherent in litigation. With the mediator serving as the facilitator, parties are encouraged to work together to reach an agreement that addresses the underlying interests rather than continuing to focus on litigation postures.
MEDIATION ALLOWS FOR FLEXIBLE AND CREATIVE OUTCOMES
Parties in a mediation are free to craft their settlements with creative elements of resolution that would be unattainable through litigation or other adversarial processes. Through a negotiated settlement, parties can achieve many non-monetary terms for resolution that fulfill their underlying interests and lead to more durable and satisfying outcomes .
MEDIATION IS A NO-LOSE OR WIN-WIN OPTION
Mediation is extremely successful. It offers a low cost, high benefit option for resolution. More than 95 percent of all civil litigation settles before the case gets to trial. Even in the small percentage of cases where mediation does not result in settlement, the parties still benefit from the early case evaluation, witness assessment and trial preparation, a valuable process that reduces litigation costs significantly.