What is Mediation?
Overview and explanation of mediation, a form of alternative dispute resolution (ADR) in which the parties agree to work out their differences in a less confrontational manner than litigation.
What Cases are Eligible for Mediation?
Mediation is not always the right way to resolve a dispute, so this article provides a general primer on which kinds of cases make the most sense for mediation.
The Advantages of Mediation Over Lawsuits
Summary of the advantages of mediation over a traditional lawsuit, such as a quicker resolution; fewer expenses; confidentiality of the proceedings; greater flexibility; and better compliance with the outcome.
Common Mediation Questions
Most frequently asked questions about mediation, covering topics such as whether your case can indeed be mediated; the need for a lawyer; how the long the process takes; and more.
Small Claims Mediation Basics
Why your small claims case may be better suited to mediation, or even required by the court to go into meditation as a way of relieving the small claims caseload.
The Disadvantages of Mediation
has several disadvantages of which you should be aware. First and foremost, it is very rare that the complete truth of an issue is revealed during mediation. On the other hand, in a court case, attorneys will have the ability to procure evidence and call witnesses, which is not available in mediation. Besides, courts are set up so that both parties in a case will be treated fairly. While this is also a goal in mediation, equitable treatment can be hard to achieve in certain circ*mstances.
Another disadvantage of mediation is that there are no formal rules for the process. If you don’t employ a skilled mediator, this lack of formal rules can often result in an impasse. Mediation also relies on the cooperation of both parties. If the parties involved in mediation can’t compromise, the process can end in failure.
One of the biggest disadvantages of mediation is that it can be very difficult to make sure that the settlement is fair to both parties. If one party has access to more resources or is savvier about the mediation process, they may be able to get the other party to agree to a settlement that isn’t in their best interests.
It’s very common for mediation to end without the parties successfully reaching a settlement agreement. For instance, the parties might spend a tremendous amount of money, effort, and time only to find that resolving a dispute through mediation is impossible and that they will need to go to court after all.
When mediation is unsuccessful, it can make a court case more difficult, as one of the parties may have already used their best evidence, meaning the other party will know what to expect during the trial. In order to protect their privacy, the parties may decide to keep their sessions private so that the information discussed does not become public knowledge.
Mediators, while they have some ability to bring balance to these sessions, are limited in how much they can do. Unlike state and federal courts, there are no constitutional protections available in mediation. Setting legal precedent in mediation isn’t possible.
In mediation, there is no discovery process like there would be in a normal court case. If a party relies on information from the other party to help prove their claim, there is no formal method to acquire this information during mediation.
Even if the parties reach a settlement agreement, the dispute may not be over. One party may decide at a later date that they aren’t satisfied with the agreement and may file a lawsuit.
Common Mediation Questions
Most frequently asked questions about mediation, covering topics such as whether your case can indeed be mediated; the need for a lawyer; how the long the process takes; and more.
What Cases are Eligible for Mediation?
Mediation is not always the right way to resolve a dispute, so this article provides a general primer on which kinds of cases make the most sense for mediation.
Lawsuit Mediation: Compromise Before Suing
Reasons why you may choose to initiate the mediation process before embarking on a lawsuit, and how to start the process; with information about direct negotiation and related matters.
Advantages of Mediation Over Lawsuits
Summary of the advantages of mediation over a traditional lawsuit, such as a quicker resolution; fewer expenses; confidentiality of the proceedings; greater flexibility; and better compliance with the outcome.
Mediation is an informal conflict-resolution process brought before an independent, neutral third-party the mediator. Mediation cases give the parties the opportunity to discuss their issues, clear up misunderstandings, and find areas of agreement in a way that would never be possible in a lawsuit. Mediation is often voluntary, and typically the mediator has no authority to make a binding decision unless both parties agree to give the mediator that power.
Consequently, mediation cases have many significant advantages over traditional lawsuits, including the following:
Quicker: Mediation typically only takes days or weeks (or in very complex cases possibly months), whereas lawsuits typically take months or years. When parties want to get on with their lives, mediation allows a more reasonable timetable for resolving a dispute.
Less Expensive: Mediation is vastly less expensive than a typical lawsuit. Employing a mediator costs significantly less than employing a lawyer, and combined with the much quicker turnaround, you’ll be paying less money over a shorter period. Also, for certain types of disputes, many non-profits offer mediation services for free or at a nominal rate.
Less Formal: The informality of mediation allows the parties to be more engaged than they would be in a court-driven process with an abundance of rules and procedures designed to separate the parties. Accordingly, since the mediator deals directly with the parties, the mediator can focus the attention of the parties upon their needs and interests rather than on their stated positions.
Confidential: Unlike public court cases, mediation is typically confidential, which means there are no records or transcripts and any evidence introduced during mediation cannot be used later or revealed. This reason alone can be a great reason to use mediation rather than file a lawsuit.
Preserves Relationships: One of the most overlooked benefits of mediation is that it can help preserve relationships, business and personal, that would likely be destroyed through years of litigation. Because it is a collaborative, rather than adversarial process, and because mediation isn’t inherently a win/lose process, important relationships can often be saved.
Greater Flexibility and Control: In mediation, unlike in a lawsuit, the parties are in control. This means that the parties have a much greater say in negotiations and greater control over the outcome.
Better Results: For all the reasons above, parties generally report a better outcome as a result of mediation than they do from a lawsuit. Also, because there is no winner or loser, no admission of fault or guilt, and the settlement is mutually agreed upon, parties are typically more satisfied with mediation.
Greater Compliance: Finally, because mediation produces better results more quickly and cheaper, compliance with mediated dispute resolutions is generally higher than with lawsuits.
Successful mediation can lay the groundwork for collaborative, non-confrontational problem solving and preserve relationships that are important to you.
Mediation cases are a private and informal way of settling a dispute without relying on a legal judgment issued by a judge or jury. The parties involved in mediation meet with a neutral third party to reach a mutually agreeable solution that will end the conflict. Parties are not forced to agree to a solution in mediation. Rather, the mediator facilitates communication to help the parties reach a mutual agreement. Most of the time, lawyers are not involved in mediation and the parties in a dispute typically represent themselves in the mediation process.
This article provides an overview of the types of cases that typically may be mediated.
What Kinds of Cases Can Be Mediated?
Mediation is available in most non-criminal matters. However, some non-violent criminal cases, like those involving verbal harassment, often result in a successful resolution during mediation. Claims that do not involve a legal issue are also good candidates for mediation. For example, a dispute with a neighbour over an encroaching bush or the brightness of their outdoor lights is hardly the type of claim that merits a lawsuit. In this type of situation, it may be wise to seek mediation to end the conflict.
Mediation cases often involve conflict arising in divorce and child custody issues and disputes between family members, neighbours, business partners, landlords and tenants, and labour unions and management. In some jurisdictions, mediation is mandatory when it involves child custody issues and disagreements with neighbours.
Advantages of Mediation
In some situations, mediation may be preferable to filing a lawsuit. Mediation provides the following advantages:
Confidentiality. There are a few exceptions, but what the parties say during mediation is confidential and not subject to the future use in a lawsuit. Court cases, on the other hand, are matters of public record.
Costs less than a lawsuit. Mediation cases cost substantially less than court costs and attorney fees.
Faster resolution than going to court. Lawsuits may take years to result in a court ruling, but mediation can take as little as a few hours or a few sessions.
The parties decide. The parties in mediation, not a judge or jury, decide on the resolution.
The parties communicate directly. Rather than communicating through lawyers, the parties speak directly to each other.
What Occurs During Mediation
In most mediation cases, the following occurs:
Introduction. The mediator explains the rules and process involved in mediation.
Statements by the parties. Each party has the opportunity to describe the dispute.
Identification of the dispute. The mediator will ask the parties questions to gain a better understanding of the conflict.
Private caucuses. The mediator will conduct private meetings with the parties to obtain a better understanding of each party’s side and to assess possible solutions.
Negotiation. The mediator will help the parties reach an agreeable solution.
Written agreement. If the parties resolve, the mediator may put the agreement in writing and ask the parties to sign it. In many states, these agreements can be upheld in court.
Composed By: Sheher Bano
Source: Wikipedia
