The most beneficial aspect is that you have some control over the outcome of your case, instead of leaving it up to either a judge or jury (or both, depending on the issues involved). this is especially true of cases in which there is a genuine dispute as to who is responsible (as opposed to for the specifics of for what they are responsible), because it is entirely possible that a jury or judge may reach only one of the extremes, as opposed to some compromise. Full-blown litigation and trial also is more costly and time-consuming, both in terms of the activity required to prepare the case for trial, as well as the length of time for which the litigation will continue before the case is prepared for trial. Those are some of the main benefits. On the other hand, you may be inclined to allow complete strangers to your circumstances decide what happens, for whatever reason, or the other side may be so intransigent that litigation with an ultimate trial is the only viable possibility.
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Mediation gives you and the opposing party a forum in which to discuss settlement possibilities that would say both sides a lot of time and money over a trial. It is also a chance to discuss the case without the burden of complying with rules of evidence, which rules often exclude issues that are important to the parties but might not be legally relevant in a court case.
Mediation provides you with a more convenient and usually cheaper alternative than relying on a court to resolve whatever dispute you may have. Mediation is more convenient than court because you can move along at your own pace and schedule sessions at times convenient for you. Even though you have to pay for a mediator, it is often is much cheaper than going through the court process. It requires an incredible amount of time to properly prepare for a trial and when the trial is finally scheduled, there is no guarantee that you will get as much time as anticipated. If your trial should only last one full day or eight hours, you may have to appear on three or four court dates to get that much trial time. Mediation also provides you with privacy as it is a confidential process.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
Quite simply - mediation affords you with a faster, confidential way to negotiate a binding out of court settlement which in the end is how almost 99% of lawsuits end. The sooner both sides embrace it, the sooner you will resolve your case.
One critical component of mediation is to make sure the mediator is well versed in the subject matter of the dispute, i.e., a real estate dispute requires a mediator who has litigated real estate matters or worked in that industry. Many court appointed mediators may not have the level expertise necessary to understand your case. A private mediator can be expensive and this may increase the cost; however, an industry-wise mediator can cut through the fluff, identify the issues and help the parties reach early resolution.
There are many benefits to mediation over court. It is faster, much cheaper and you have direct input into the ultimate resolution of your dispute. You don't have to wait to see what a judge or jury might decide. It's less emotional than court and all parties have an amicable way to discuss options that would resolve your issues that a court may not be able to choose. You also hear both sides and discuss the best and worse case scenarios of going to court if unresolved and generally end up with something fair to both sides somewhere in the middle. You can leave the mediation knowing that everything was discussed and your concerns were heard. You know both sides and can make an informed decision on an offer or acceptance of their offer. Make sure it has a way to enforce the agreement even if the other party defaults upon what they agreed to do so you don't end up going to court anyway.
The benefits can be vast. Typically mediation is a faster, cheaper, and more sane alternative to traditional family law litigation. This will of course require all parties to agree to participate, but if you can get the parties through the door it is certainly worth consulting with a mediation provider in your area. Good luck!
Mediation is simply an amazingly powerful process!
Accomplished divorce mediators are able to focus on the real concerns of spouses and parents (their “interests”) and not merely their view of what is required to protect themselves and/or their children (their “positions”). Divorce mediation works because the parties can directly hear the other party’s concerns and, with the assistance of the neutral mediator, accommodate those concerns without unnecessarily compromising their own interests.
Freed from the role of acting as an advocate for a single party (the ethical obligation of an attorney), a mediator can envision options that neither party (nor their counsel) imagined.
Mediation is a superior method of resolving any Dispute. A pre-requisite for a successful mediation is that both parties are earnestly interested in working together to resolve the matter. If both parties are both vested in mediation the results often include:
1- Mediation is a more economical method compared to excessive costs of a trial.
2- The result is co-created by the parties, carefully executed to assure that both parties interests are represented, valued and considered.
3- More control over the process and the resolution while not giving up your destiny to unknown actions of a court or jury.
4. The mediation process is often more faster than a court imposed result.
5. There is a greater opportunity for control of the process and the outcome in mediation as compared to litigation.
6. There is personal empowerment associated with being in control of your negotiated outcome.
7. Future relationships of the parties: The mediation affords the parties with an opportunity for healing wounds and an opportunity for future relationships. THis is important in a personal as well as a business relationship where the parties are afforded an opportunity to continue their relationship when they work together for a resolution as opposed to a court imposed decision.
Here are some of the main benefits to engaging in mediation:
-Mediation is voluntary (most of the time), meaning that if you and the other party are there you have both agreed to be there and presumably have an interest in getting your dispute settled.
-It is much cheaper than following through with litigation. The only cost will be paying a mediator, and this cost will usually be split evenly between the parties.
-Anything said in mediation is confidential. So even if you (or the other party) admit fault, offer to pay a certain amount, but then end up not resolving it and moving forward toward a trial, nothing said at mediation can be used against you in later proceedings.
-Mediation tends to be less contentious and more conducive to allowing a conversation where both sides can work toward an agreement.
-Mediation is non-binding and the parties control the outcome; so if you don't reach an agreement there are no repercussions aside from the cost of the mediation
-The sides can agree on a mediator who fits their style, the personalities of the parties, and who likely has experience dealing with these types of disputes. Whereas with formal litigation, you probably can't pick who your judge will be, and in a jury trial, you likely won't agree on exactly who the jurors should be.
-Lastly, mediation can be used to discover more facts that can help both parties. It can serve as a tool that can directly lead to a settlement, or uncover facts that will help the parties decide the best way to proceed with the case, even if it does end up moving to trial.
There are clearly risks/benefits to any type of dispute resolution, be it arbitration, mediation, or formal civil litigation. If you have more specific questions a lawyer can be a good person to answer those for you.
Hope this helps!
DISCLAIMER This answer does not create an attorney-client relationship between myself and the individual posing the question. Similarly, this answer is NOT to be relied upon as direct legal advice. The best option is usually to directly hire or consult with an attorney.
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