An ounce of mediation is worth a pound of
arbitration and a ton of litigation.Joseph Grynbaum
Five great reasons:
(click each to expand)
cost
Even lawyers profiting from litigation feel uneasy charging for the high cost of a trial. Many lawyers now recommend mediation as an economical alternative for their clients.
Mediation costs substantially less than litigation.time
It can take a year to get a court date, and many more years if a case is appealed. Much of that time is spent simply waiting.
Mediation is typically accomplished in a few sessions, often within a week or two.privacy
Court cases are public and create a public record. Information disclosed in court is open to the public forever.
Mediation is confidential.disruption
Litigation takes a chunk out of your life. As you consult with lawyers, attend depostions, and prepare your case for trial, the worry, stress, and fear of the outcome take their toll. Months go by and the pressures build, while nothing gets resolved.
With mediation there's resolution. You can get on with your life.control
In court you present your side and the judge then rules. The judge has all the power, and even if you're 100% in the right, there's no guarantee he'll see things your way.
In mediation, you negotiate your own agreement. There's no settlement until you say okay.
Three good reasons:
this is just for spacing
issues
Courts deal with the law. External pressures, personal histories, longstanding grievances, and hidden agendas are simply not addressed. If these underlie the dispute, no court decision is likely to resolve them.
In mediation, everything's on the table.relationships
Mediation is especially valuable when relationships must be maintained. Co-workers remain co-workers. Divorcing parents have children to raise. Future interaction will be easier if you've worked out an agreement—much easier than after one of you loses in court.
Litigation leaves resentments.acceptance
Litigation creates winners and losers. Mediation finds agreements all parties can live with.
Studies show that mediated agreements have a higher compliance rate than court-ordered settlements, and participants have a higher level of satisfaction.
One deciding factor:
this is just for spacing
flexibility
Should mediation fail, you can still turn to the courts. You give up none of your rights, and nothing you've discussed or agreed to in mediation is later admissible in court.