Mediation is an informal, flexible process, by which parties to a dispute work to resolve it themselves, with the assistance of an impartial third party.
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time.” – Abraham Lincoln
Key features of mediation are:
- It’s Quick. Issues that have festered for years can be resolved in just a few hours.
Court cases may go on for years.
- It’s Confidential. What happens in mediation stays in mediation.
Trials and court records are almost always open to the public and media.
- It’s Cost-effective. Because issues can be resolved quickly, sometimes without the need to hire an attorney, mediation is significantly less expensive than litigation.
Parties to litigation may spend tens or hundreds of thousands of dollars in court costs and attorneys’ fees.
- It’s Creative. The parties to mediation shape solutions to fit their specific situation.
A court may only order what the law dictates.
- The Parties are in Control. The parties are in charge of scheduling, process, and result. The mediator can not decide the outcome.
Parties to litigation are subject to the whims of a jury or judge. In contrast, surveys consistently show high levels of satisfaction among participants in mediation.
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