Mediation

by William J. Wolf

published at http://bathweg.com/content/mediation

As every litigant and trial attorney knows, litigation can be time consuming and very expensive. Various programs, procedures and techniques have been developed in an effort to reduce those almost inevitable consequences of litigation. Known collectively as alternative dispute resolution "ADR", those alternatives to litigation encompass various approaches to resolving disputes including arbitration and mediation. Arbitration, although usually quicker than litigation, has many of the shortcomings associated with litigation. Mediation, therefore, often provides a better option because it is quick, less expensive, flexible and, most important, non-binding.

Unlike litigation, mediation involves procedures for resolving a controversy in a less adversarial forum. Mediation provides the parties with an opportunity to work collectively toward a joint resolution of a dispute. During the mediation process a trained and experienced mediator engages each party and their attorneys in a dialogue, usually in a confidential setting, regarding their objectives and aspirations. As part of that dialogue the mediator and the parties, together with their attorneys, discuss various alternative means of reaching a resolution of the dispute.

Benefits Provided By Mediation

Self-Directed - All parties take an active part in devising a plan to resolve the controversy.

Confidential - Unless the parties agree otherwise, all discussions between the mediator and a party together with their attorneys are conducted in confidence. Disclosure to the other party is not made without specific authorization.

Flexible - Each aspect of the process, including the time for, and the location of, each mediation session, can be customized to suit the parties.

Less Expensive - Mediation is always less expensive than arbitration or litigation.

Self-Satisfaction - The parties usually take personal satisfaction in being involved with the resolution of a dispute.

In the majority of cases, mediation results in a negotiated agreement that resolves the dispute. Most people who participate in mediation are satisfied with the process even if they do not achieve an immediate resolution.

BWW Disclaimer: This article is for informational purposes only and does not constitute an exhaustive analysis or summary of the law which is often quite complex and heavily dependent upon factual considerations which are subject to change. No action or decision that may have legal consequences should be taken or made without first having consulted with an attorney licensed to practice law in the jurisdiction in which you reside or do business.