- Quick Resolution
Litigation takes time. Lawyers confer, file motions, wait for answers. They report back to their clients, schedule strategy sessions, finally set a court date…and then the waiting really begins. And it may not end there. Opposing counsel can ask for a postponement or continuance. Usually these requests are granted.
Mediations go a lot faster. Since agreements are voluntary, there's no advantage or built-in pressure to delay.
- Resolve disputes before they become feuds.
- Maintain a Relationship
Mediation is especially valuable when parties must maintain a relationship. Neighbors remain neighbors. Divorcing parents have children to raise. Future cooperation will be easier if you've worked out an agreement—much easier than after one of you loses in court.
Litigation creates winners and losers—and resentments. Mediation facilitates a joint effort to create a negotiated, mutually acceptable agreement.
- How will you interact in the future?
- Create Your Own Settlement
In court, all you can do is argue your position. The judge decides your fate and you have to live with it. An unfortunate fact of life, proved again and again, is that no matter how righteous you feel, a judge can rule against you.
Mediation is different. In mediation you can negotiate. And if you don't like the result, you don't have to agree to it.
But if you do reach a settlement, it's written down and signed by all parties, and it becomes a contract, enforceable by law. The difference is, you've had a hand in writing it.
- Or else go to court and cede control to a judge.
- Cut the Cost
• Minimize court costs. You may not have to appear at all.
• Reduce legal fees. You don't need a lawyer in mediation (though you can have one if you want). Since you'll be crafting the settlement yourself, your lawyer will have less to do.
• Cost isn't only monetary. Disputes can take their toll on your time and emotional well-being. Mediation is fast and effective, and your involvement in the process means you can actively influence the outcome.
- And not only court costs and legal fees.
- Find the Real Issues
Courts deal with the law. Personal histories, grievances, ongoing relationships, and hidden agendas are ignored or relegated to the sidelines.
With mediation, everything's on the table.
- What are you really fighting about?