Benefits of Exploring Mediation at the Outset

Formal dispute resolution can be time-consuming and expensive.

Parties frequently consider mediation later in the formal dispute resolution process (as the case moves closer and closer to trial or an evidentiary hearing). However, parties often fail to adequately consider early mediation as a viable option. There are many benefits to exploring mediation at the outset.

Speed

At the most basic level, mediation is faster than litigation or arbitration if it results in your case being resolved. Litigation and even arbitration can be protracted.

However, even if your case is not resolved, participating in early mediation can help you better see the strengths and weaknesses of your case. Your attorney’s job is to advocate for your interests—whatever that may look like—but a mediator can provide a neutral evaluation of your case. Furthermore, even an unsuccessful mediation can speed up the resolution of your case by helping the parties identify any common ground and narrow the disputed issues.

Cost

With the help of a neutral, mediation allows parties to see a dispute from a business standpoint rather than an adversarial one, e.g., is the principle worth the cost? even if I win, how much will it cost me? Mediation can allow the parties the breathing room to take a step back and assess their dispute from a more pragmatic place. Even if the mediation is unsuccessful, it can provide the parties useful information how best to allocate resources going forward.

Privacy

In the case of most settlements, a negotiated term can be the confidential nature of any settlement. In the case of a mediation, the entire process is confidential and private, i.e., anything shared in a mediation is confidential. And there is an added layer of confidentiality in a mediation as a party can share information with a mediator to facilitate resolution that an adverse party will not be privy to without authorization.

Additionally, if a case is resolved through early mediation, facts that you may not want revealed that nevertheless would be revealed in a deposition can be kept out of the public record.

Control

Once formal dispute resolution is initiated, the parties lose a certain amount of control. A party can choose her/his attorney and have input in the way claims are prosecuted or defended. But the ultimate factfinder, whether that’s a judge, arbitrator, or another governing body, will decide your case.

A mediation allows you to not only jointly select the neutral who will mediate your dispute, but a party still has control over the terms of resolution.

Flexibility

A mediation can be scheduled on a date and time and at a place that is convenient for all those involved. If travel is not preferred, a mediation can be effectively conducted via video conferencing. Additionally, to a certain extent, the parties can choose the issues that they want to focus on in a mediation.

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Early mediation requires a mutual commitment by the parties but can result in reduced costs and expeditious resolution of disputes.