Advantages and Benefits of Mediation
Following are some of the advantages and benefits of the mediation process as compared to litigation.
1. Voluntary __Can be voluntary without court intervention __A mechanism for voluntary settlement negotiations __In jurisdictions which statutorily authorize court-referred mediation, the party opposing mediation generally has an opportunity to file an objection to the referral.
2. Confidential __Open and candid discussion is encouraged __General rule: If court-referred mediation, the only information that can be communicated to the court is whether the parties settled.
3. Efficient __Quicker than trial __Can be scheduled before or after lawsuit filed __does not delay pending litigation should the mediation be unsuccessful __Can be scheduled at first available date agreeable to all parties and the mediator __Opportunity for early settlement __More efficient use of attorney, court and client resources __If agreement not reached, mediation often results in clarification and narrowing of the issues and promotes continued negotiation
4. Inexpensive/cost effective __Less overall legal costs __Less personal staff time than would be devoted to litigation __More efficient use of attorney, court and client resources
5. Fair __Nonadversarial __Process and result are within full control of the parties __Parties determine the terms of any resolution achieved __Both parties win __Parties are dependent upon each other for successful outcome __Each party has opportunity to have his “say” __Positive healing effect __Offers the highest level of client participation of any alternative dispute resolution procedure __Addresses the concerns and needs of the parties, not just the legal issues __Mediator provides a fair and objective structure and controlled environment for negotiations
6. Statistically a proven success process
7. Opportunity For Creative Solutions __Fosters discussion of remedies not previously considered __Allows for settlement/agreement which addresses future, as well as current, needs __Provides for objective input from an impartial third person (mediator) __Provides an opportunity for addressing special needs of either party __Flexibility for agreement not otherwise possible through the court
8. Reduces The Threat of Litigation 9. Informal __No formal hearing procedures __No formal rules of civil procedure __No formal rules of evidence __Parties not required to be represented by an attorney __No formalities as to burdens of proof
10. Opportunity to Further Evaluate Your Case
11. Opportunity to Educate Client on the Limitations of a Case
12. Supervised by Nonjudicial Impartial Third Person
13. Opportunity to Maintain Harmony of Ongoing Relationship Between Parties __Business __Professional __Personal
14. Procedurally Flexible __Can occur prior to litigation __Can occur at any point during litigation prior to trial __Can occur during trial and prior to judgment __Can occur after judgment rendered __Right to proceed to trial is not lost if mediation unsuccessful
15. Less Traumatic than Litigation or More Formal ADR Proceedings 16. Increase Client Satisfaction __Parties control the outcome __Opportunity for a solution that is more satisfactory than a court resolution __Opportunity for parties to have their “say” __Mediator as impartial third party does not render a decision and impose it on parties __Resolution is achieved by means of a mutually acceptable agreement between the parties __Parties bound only by the common law principles of contract as they relate to any agreement prepared as a result of the mediation __Can bring unrealistic client expectations into reality
17. No Negative Consequences from the Court for Failure to Achieve Settlement
18. Increased Likelihood of Voluntary Compliance with the Terms of Any Settlement Agreement Reached
© 1996 the mediation center, inc.
