The Advantages of Mediation

While every dispute should be evaluated individually to determine which method is most appropriate for resolving it, the Mediation process offers parties the following advantages in that it:

Is Fair... The mediation process is designed to give disputing parties a safe, organized opportunity to discuss their differences and to find a resolution they can all accept. Participation is completely voluntary. (The only exception to this is when a Judge requires parties to Mediate before the Judge will listen to the case.) Whether or not parties reach an agreement is voluntary as well.

Is Confidential... While Court proceedings as well as Court files are open for the public to see, Mediation proceedings are confidential and closed to the public.

Encourages Healthy Communication... As mediation proceedings create a safe environment for the parties to discuss their dispute, each party has the opportunity to air its grievances and to correct misconceptions. When successful, lines of communication are created between the parties that allow them to have improved long term relationships.

Saves Time and Money... As a result of the adversarial, evidentiary method used in the traditional Court process, going to Court to resolve your dispute is very expensive. The Mediation process typically eliminates the need to go to Court. Parties may or may not choose to be represented by attorneys in Mediation. If attorneys are used, the time attorneys are required to spend preparing for Mediation is virtually always substantially less than the time it takes attorneys to prepare for litigation in Court. As a result, using the Mediation process instead of litigation in Court to resolve your dispute often saves you time, attorney fees, and other expenses.

Results in Effective Solutions... Studies show that over 90 percent of participants in Mediation indicate they are satisfied with the outcome of their dispute and would use Mediation again. This is not surprising, as parties in Mediation have complete control over the outcome of their dispute. They do not have an outcome forced upon them by a Court of Law, and only reach a settlement if all parties are satisfied.

The Disadvantages of Mediation