Mediation is an informal conflict-resolution process. When all parties agree to mediate (or a court requires it) an independent, neutral third-party, the mediator is chosen. Mediation allows the parties to discuss their concerns and find areas of agreement for a settlement. Unlike litigation, the parties have full control over resolving their dispute.
Mediation advantages over litigation:
- Fast track: Mediation usually takes one (1) day. In contrast, litigation typically takes years.
- Much less expensive: Hiring a mediator costs significantly less than employing an attorney, and combined with the much quicker turnaround, you’ll be paying less money over a shorter period.
- Informal: The informality of mediation allows the parties to be more direct in stating their positions than if they were required to follow court rules and procedures.
- Confidential: Unlike litigation, which is public, mediation is typically confidential, which means there are no records or transcripts and any evidence introduced during mediation cannot be used later or revealed.
- Preserves Relationships: One of the most overlooked benefits of mediation is that it can help preserve relationships, business and personal, that would likely be destroyed through years of litigation.
- Greater Flexibility and Control: In mediation, unlike litigation, the parties are in control. This means that the parties have a much greater say in negotiations and greater control over the outcome.
- Better Results: Most parties report a better outcome with mediation than they do with litigation. Also, because there is no winner or loser, no admission of fault or guilt, and the settlement is mutually agreed upon, parties are typically more satisfied with mediation.