We often times get so embroiled in a dispute that voluntary resolution seems far fetched But, mediation, where the parties work with an impartial party to generate their own solution in settling their conflict, should always be considered because of the costs savings, control and closure.
First, what costs are we talking about? Obviously cost includes attorney’s fees. But, internal costs are also high. Preparing for trial takes employees out of the office and away from their jobs, making them less productive and earning less money from the company.
Mediation costs a lot less than going to trial. Even a multi-day mediation is less expensive than taking a case to trial. And, if you embark on mediation early enough, you may also avoid some of the costs of discovery.
Through mediation, the parties have control over how the case is resolved. Unlike a jury or even an arbitrator, the parties to mediation decide whether they want to settle the case. The mediator cannot impose a settlement on either party.
Parties that resolve their dispute through mediation have closure. There is no fear of appeal or the case continuing. This is not to say that the parties leave a mediation happy. As one of our local mediators says, “I know we reached a good settlement when both sides are disappointed.” But, settlement often requires on party to pay more than they wanted and the other to accept less than they wanted.
There are tremendous advantages to mediating a case. The process can resolve your case quickly and cost effectively, and should always be considered.