Mediation has long been regarded as a successful and effective method of settling conflicts and lawsuits. This is due in part because the parties at mediation arrive at a mutually agreeable solution themselves, rather than leaving the decision making to an arbitrator or a judge. The parties thus, maintain control of the entire process.
With mediation, a neutral third party, or Mediator, is selected in order to keep the conflicting parties working together as opposed to turning the problem over to legal departments. The mediator acting in a neutral capacity, facilitates negotiations by typically highlighting the benefits of a cooperative settlement versus a ruling by less informed arbitrator or the court system. The latter of which can not only be time consuming, but also extremely costly in the long-term.
The cost of the mediation is usually shared and is relatively small compared to the classic forms of dispute resolution -- arbitration or litigation. Cost and risk for each party may increase exponentially if the dispute moves from the parties resolving the dispute themselves towards an external party resolving the dispute for them.
Listed here are Pacific ADR’s TOP 5 reasons to recommend mediation:
1. Decision Making Control. Unlike involvement in a trial or arbitration where parties give over decisional control to judges, juries or arbitrators, in mediation disputing parties retain control over whether and on what terms they will settle their dispute. Mediations can also often be scheduled quickly, foregoing the long wait for trial.
1. Confidentiality. Unlike court proceedings, mediation keeps your dispute private. Most states have enacted uniform legislation that confers confidentiality upon the mediation process by statute. Federal courts have similar rules. The parties also typically enter into confidentiality agreements that prohibit disclosure of all mediation-related statements, submissions etc.
2. Flexibility. Mediation is informal and can be designed to suit the particulars of your dispute. Variables such as the number of participants and the mediation’s location and duration can be adjusted to fit individual circumstances. Amid the COVID-19 pandemic, Pacific ADR's Mediators mediate disputes virtually, via video technology. In turn, keeping all participants safe.
3. Subject Matter Diversity. You can use mediation to resolve almost any dispute. Disputes involving business contracts, employment, construction,
personal injury, professional negligence, real estate, land use, environmental, intellectual property, estate and trust and family law are continually mediated in every U.S. jurisdiction. Certain types of disputes—such as intellectual property and construction—often require a mediation process tailored specifically to the specific case involved.
4. Low Cost. The cost of mediation is a small fraction of the cost of litigation, regardless of whether the litigation proceeds in court or via arbitration. Typically, the parties share equally in the cost of mediation.
If you would like to book a mediation through Pacific ADR, contact us today at:
info@pacific-adr.com or 206.825.4414