What is Mediation?
Mediation is a proceeding where a neutral third party, the Mediator, assists the parties in resolving a business or personal dispute. A mediation session can take place before a lawsuit is filed, and it can also occur during litigation. The parties may voluntarily seek a Mediator’s services to resolve a dispute, or a Court may order a case into mediation.
A mediation session is typically conducted through a face-to-face meeting of all the parties (called a “joint session”). Private, one-on-one meetings between the Mediator and one party and their lawyer may also occur during the mediation (called a “caucus”). A party can choose to be represented by legal counsel at the mediation, or appear unrepresented.
In general, all discussions and communications made during a mediation hearing are confidential. This allows the parties to speak freely without fear of statements or admissions being used against the party in court.
The Mediator does not take sides and does not render a judgment or decision that is binding on one party or the other. Rather, the Mediator’s job is to facilitate the process of settlement. The Mediator’s background, training and experience help to encourage discussion and opens channels of communication between the parties, so that the dispute may be settled in a manner agreeable to all involved.
What are the Benefits of Mediation?
Mediation has many benefits:
- Time and Cost Savings. Courts have experienced significant budget cuts, increasing the length of time required for cases to proceed through the court system. It could take years before a lawsuit actually reaches trial, and there may be an appeal, resulting in additional years before the matter is finally resolved. A trial could take weeks or even months. In contrast, a mediation session usually takes hours or days. The time and expenses associated with mediation are generally much less than those required for a lawsuit, resulting in a significant cost and time savings for each party.
- Control. Mediation allows the parties to have control over the outcome of the dispute. When a judge or arbitrator decides a matter, it is usually favorable to one party and against another, and the judge or arbitrator has control over the outcome. Mediation is quite the opposite; the parties decide for themselves how the matter will be resolved, giving them control over the outcome and costs involved in reaching a settlement.
- Confidentiality. In general, all communications and discussions made during mediation are confidential. Confidentiality allows the parties to speak freely and honestly without the fear those same words being used against the party in court. It allows the parties to get to the heart of the matter much quicker and address the true underlying issues, which may or may not be adequately addressed or resolved in Court. Confidentiality preserves the reputation and goodwill of each party by allowing the matter to be resolved privately.
- Experienced Dispute Expert. Conflict is a Mediator’s “day job.” The Mediator’s training and experience facilitate opening channels of dialogue and cooperation, navigating difficult issues and developing “out of the box” solutions for complex transactions.
For Attorneys
There are only so many hours in the day to conduct business or personal affairs. Your client cannot afford to spend those precious hours in depositions, responding to discovery or testifying in Court. Litigation may send a false or misleading message to the public about your client’s business, and may negatively affect your client’s reputation. Mediation brings value to your clients by reducing and even eliminating litigation costs; resolving disputes confidentially, thus preserving your client’s reputation; bringing the matter to a close and allowing your client to “get back to business”; and increasing your value in the eyes of your client as a trusted advisor, team member and dispute resolution facilitator.
For Business
Business disputes take time, money, and you, away from your business. If a claim or lawsuit arises, employees may have to testify in court, hunt for documents and information and help prepare discovery responses, taking time and resources away from your business. And, litigation is public. The outcome of a lawsuit is unknown and out of your control, and can be harmful to your company’s reputation.
Mediation allows your business to be in the driver’s seat and maintain control, by settling the matter in a confidential, cost-effective and mutually agreed upon manner. Mediation can help your business avoid a lawsuit altogether. If your business is already engaged in litigation, mediation may actually bring the litigation to an end and get you back to business.
For Individuals
Resolving a dispute with an individual or business can be costly, time-consuming and stressful. The dispute can involve someone close to you, someone you see every day, such a family member, friend, local business owner or neighbor. The dispute could be the result of a simple misunderstanding, an unspoken word or something that happened a long time ago but affecting your relationship and peace of mind today. Relationships can be damaged-or even end-from bringing a lawsuit against a person or business. Mediation is a great way to resolve your dispute confidentially, without the time and expense of litigation, and preserve relationships that need to be preserved.
Allow EB Mediate to resolve your legal disputes in an efficient, cost-effective manner. You can schedule a mediation today by filling out our contact form. We look forward to hearing from you.
Resolving a dispute with an individual or business can be costly, time-consuming and stressful. The dispute can involve someone close to you, someone you see every day, such a family member, friend, local business owner or neighbor. The dispute could be the result of a simple misunderstanding, an unspoken word or something that happened a long time ago but affecting your relationship and peace of mind today. Relationships can be damaged-or even end-from bringing a lawsuit against a person or business. Mediation is a great way to resolve your dispute confidentially, without the time and expense of litigation, and preserve relationships that need to be preserved.
Allow EB Mediate to resolve your legal disputes in an efficient, cost-effective manner. You can schedule a mediation today by filling out our contact form. We look forward to hearing from you.