Mediation is becoming increasingly popular as of late, and it is no longer a concept that most people do not understand. However, the practice is very different from a simple definition. Mediation is a powerful tool and when used correctly, it can change the lives of people for the better as well as allow businesses to return to the operation of their businesses sooner.
Let’s take a look at reasons why mediation is optimal in many cases.
- Mediation is cost-effective and less expensive than going to court.
- It saves time and the process is much faster than the court process.
- The parties retain control of the matter at all times, unless and until they sign an agreement, which can become legally enforceable.
- Mediation aims to preserve relationships rather than destroy them.
- Mediation is confidential and the parties decide what information is to be shared with the other side.
Of course, not every case is appropriate for mediation. While over the years courts around the country have started using mediation in increasing types of cases, such as family law, landlord/tenant, child custody disputes and more, there are some cases when going to court would be more appropriate.
- With mediation, you do not have a guarantee that it will work. If you and the other party dislike each other strongly, and are not willing to work together or through your attorneys, you are most likely going to lose that money.
- In some cases, because of the status of the parties, there can be an imbalance of power. For example, if one spouse is a high-level executive and the other spouse is a homemaker, the case may fare better before a judge.
- Mediation does not fix everything and may not be the best choice to address complex matters. If your issues are truly complex, and legal precedent is involved and required, relying on a judge and a court of law may be your best option. However, mediation is used in complex matters, often times to narrow the scope of issues to be tried.
- In some circumstances, a party to the mediation can feel coerced or forced to make a decision. For this reason, it is wise to attend mediation with your attorney, who can advocate for you during this intense and emotional time.
On the whole, mediation offers an effective alternative to litigation–that is, going to court– in many cases, However, it is essential to consider the possible drawbacks and ask yourself and your attorney if your case is a case where mediation can help.