Benefits of Mediation

One of mediation's greatest strengths is the fact that it is a voluntary process. And since a very high percentage of cases mediated result in resolution, it is an attractive part of the dispute resolution process. In addition to encouraging creative win-win solutions to conflict, mediation provides the following benefits:

It is usually less costly. Since mediation does not close the option for additional discovery, mediation can be undertaken after enough discovery has been completed to provide both sides with a good understanding of the strengths and weaknesses of their case, but before all discovery and the associated costs have been completed.

It is time efficient. If resolution can be reached earlier in the litigation timeline, the costs can be kept to a minimum and the parties can move ahead with their lives and businesses.

The mediation process is very flexible and can be responsive to the unique needs of the parties. For example, mediations can be facilitated through caucusing only, joint session only, or through a combination of joint sessions and caucuses, based on the needs of the participants.

Mediation provides empowerment to the participants, since they control the decisions that affect their lives, rather than relinquishing control to an arbitrator, a judge or a jury. And since the parties best understand their needs, often creative solutions are achieved that are not available in the courtroom.

The process is confidential. This provides an environment the allows the parties to speak candidly, without fear their statement can be used later in court, and any resulting settlement may be kept from public disclosure.

Mediation helps to preserve relationships, by opening up new opportunities for good communication and respect for the opposing parties point of view. This can often lead to restoration of important relationships, such as those of business continuing to do business together, and an employer and its employee.

Mediation offers the opportunity for creative options which can add significant value to the agreement without increasing the economic cost, an opportunity not available through litigation.