Is settlement at Mediation always better than going to court or arbitration?
Yes, studies have shown that in the vast majority of cases, a settlement at mediation is almost always better than going to court and taking one’s chances on the result. These studies have compared the last offers of settlement with the actual result in numerous cases and have found that for the most part, both plaintiffs and defendants are better served by settlement. The simple fact is that nothing is guaranteed in court or in arbitration. No lawyer can give positive assurance of a particular result in court or in arbitration because that lawyer really does not know what will happen. A lawyer can give an educated opinion, for sure. But the beauty of Mediation is that the parties control the outcome of the case and they know the result, as opposed to giving control to someone else, such as a jury, a judge or an arbitrator, and not knowing the result until the very end.
Related Questions
- What are the differences between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
- Does the University ever consider using Alternate Dispute Resolution--mediation or arbitration--instead of going to court?
- How is divorce mediation different than going through the court system?
