Mediation through the years has been used to resolve all types of conflicts from personal injury and family matters to civil rights and international disputes. Users have enjoyed the benefits of mediation. Some of those benefits are:
Efficiency
Resolving matters through mediation is faster and less expensive court litigation. Participants could avoid the expenses of expert and other witness at trials.
Expediency
Rather than waiting for a court date, participants select the date and time to mediate. Depending on the number and complexity of issues involved, the mediation may run from 1 to 4 hours.
Voluntary
Mediation sessions may only be held if all participants agree to use the process. The process continues as long as all participants agree to continue.
Confidential
Mediation sessions are confidential. All parties must sign a written agreement of confidentiality. This permits the participants to speak as freely as they wish and to explore all suggested alternative outcomes.
Control
The participants work with the mediator to determine the resolution of all issues in dispute. The parties consider the possible alternative outcomes and agree upon the best resolution for all participants. They are not restricted by state or federal rules of evidence. Thus, the uncertainty that looms when putting the decision in the hands of a judge or jury and the angst of waiting on that decision are removed.
Fairness
Participants discuss the issues as equals in the mediation process. Each participant speaks and listens to other participants. The mediator is neutral throughout the process. There is no finding of guilt or innocence.
Satisfaction
Because the participants have complete control of the outcome, when agreements are reached, the participants are vested in and more satisfied with the decisions they reached together.
Restorative
Mediation leads to faster resolutions and that means getting back to what’s important faster, e.g., your family, your business and your life. Continuing disputes are stressful for individual participants which can affect those close to the participant. It can also strain relationships between individuals and businesses or between businesses. While disputes and litigation linger, businesses are affected by employee stress, redirection of resources and distraction. A quicker resolution, agreeable to all participants can reduce stress across the board, restore and/or preserve relationships between the participants and alleviate distractions.
Agreements Are Binding
At the end of a successful mediation, the agreed upon outcome is reduced to a written agreement and signed by the participants. Each and every term of the agreement is binding on all participants. This agreement is put in the court file, if a case has been opened in court and, like the confidentiality agreement, it is enforceable in court.
Everything to Gain
Mediation does not take away any rights that the participants may otherwise have. It is a voluntary process. If mediation is not successful, the participants are free to continue with any other court or administrative proceeding that is pending or yet to be commenced. A judge or prospective juror would not be tainted in their roles in any traditional proceeding that may follow an unsuccessful mediation because they would not have access to what occurred in the mediation.
