What are some of the principal considerations in selecting whether to have a case resolved through mediation?
Mediation is a collaborative rather than combative process. It allows parties to express themselves (to “vent”) in a way that neither their “day in court” (with its evidentiary admissibility rules) or even arbitration (with its emphasis on adjudicating fast, fair justice) can permit. This “venting” process often directly and rapidly leads to settlement of disputes. Mediation can be undertaken consensually even during the course of a litigation or arbitration proceeding. It often is the sole realistic escape route for parties mired in expensive and time-consuming battle. Mediation frequently can terminate a lengthy dispute in one or two sessions, proving extremely cost-effective and beneficial to the attorney-client relationship. Mediation tends to set the stage for preserving, rather than ending, relationships. Parties who have successfully mediated a dispute (even after commencement of litigation or arbitration), often find themselves able to do business together in future. When one s
