Resolutions are achieved faster than with litigation or arbitration. Mediation is a cost-effective approach to solving the problems, costs and risk presented by litigation. Early mediation enables parties and their attorneys to evaluate a case early and encourages the early resolution of the case before time, energy and money are expended making settlement more difficult.
In mediation, the parties have ultimate control over the outcome of a dispute and are able to design their own solution. In mediation, a decision or ruling will not be imposed on the parties as in an arbitration, jury trial or agency investigation. Once parties proceed to an adversarial setting, almost all control over the outcome is relinquished to the outside decision maker. Mediation helps parties avoid these associated risks.
Mediation is a confidential process and both state and federal laws ensure that (with certain exceptions) all communications in mediation cannot be used as evidence in adversarial processes. Parties can have confidential communications with the mediator and can control what information may be disclosed to the other side.
Mediation is voluntary and non-binding. The parties in a mediation will not be forced to enter into an agreement or agree to any terms that are not acceptable.
Mediation is non-adversarial and helps parties avoid the time and money costs of litigation. With the mediator serving as the facilitator of the conversation, the parties are encouraged to work together to reach an agreement that addresses the underlying interests rather than continuing to focus on litigation postures.
Parties in a mediation are free to craft their settlements with creative elements of resolution that would be unattainable through litigation or other adversarial processes.
Mediation is hugely successful. It is a low cost, high benefit option for resolution. More than 95 percent of all civil litigation settles before the case gets to trial. Even in the small percentage of cases where mediation does not result in settlement, the parties still benefit from the early case evaluation, witness assessment and trial preparation, reducing litigation costs significantly.
The earlier, the better. For workplace disputes that have not reached the formal stage, early mediation is valuable tool for resolution before the conflict worsens and the parties become entrenched.
Mediation is most effective early in the litigation process before the discovery and deposition costs climb. Many disputes may be resolved before any formal discovery takes place.
Parties should mediate as soon as enough information is available to conduct a case evaluation. As part of the mediation process, the mediator can help facilitate the exchange of information necessary to make a case evaluation possible.