Mediation saves money. Litigation is expensive. There are court fees, attorney fees, expert fees, and more. Mediation limits, if not extinguishes, some of these costs.
Mediation saves time. The wheels of justice grind slowly. It can sometimes take years before the parties get to trial. Then there are post-judgment motions and appeals to contend with, which drag the process out further. During the litigation process the parties will spend countless hours communicating with attorneys, gathering information and documents, responding to written interrogatories, giving depositions, helping attorneys prepare to take other depositions, preparing for trial, testifying at trial, and attending trial. These hours add up to lost productivity for both individuals businesses. On the other hand, most mediations last about a day. Moreover, when mediation is successful, the parties to the dispute no longer have to worry about expending valuable time on the matter.
Mediation saves stress. Most people do not enjoy being in the midst of conflict. Most of us will lose sleep as a result of a dispute, asking ourselves: How will this impact my public image? How will this impact my family, employees or co-workers? What will the cost be to productivity? Will there be a lasting impact to my relationships? How will it impact the bottom line? Mediation helps curb these stresses and removes uncertainty from the process. Instead of wondering what a judge or jury will decide, the parties in mediation retain control over the outcome.
Deciding whether to mediate and which mediator(s) to hire is a personal decision. We offer free consultations to help give you the information you need to make the right decision for you.
Merriam Webster defines mediation as "an intervention between conflicting parties to promote reconciliation, settlement or compromise." It is a voluntary, confidential and self-determinative process, in which an objective/neutral individual (or individuals) works with conflicting parties to help them reach a mutually acceptable and workable solution. Mediators do not provide any legal advice or advocate for any of the parties to the mediation, and unlike judges or arbitrators, mediators do not have any power to make decisions for the parties. The parties to mediation always retain control over the outcome of the mediation.
There are varying types of mediation. Erin most often uses a facilitative method, which involves posing open ended and probing questions to examine and better understand the interests behind each party's position, to explore where there are overlapping interests and to uncover outcomes that sufficiently address those interests for the parties.