The Benefits of Mediation

by Hon. Emil Giordano

While all citizens are entitled to pursue resolutions to their disputes in court, traditional litigation is expensive, emotionally taxing, and unpredictable and yields unstable results. 

Additionally, litigated cases can take several years to resolve themselves. While some cases need to be tried in front of a judge or jury, many are tried due to the miscalculation of one of the sides and occasionally both. Mediation provides a chance for the parties to reach a consensus regarding the resolution of their case. Not only is mediation a less costly alternative to litigation, but it is also more flexible, less intimidating, and generally yields a resolution that satisfies both parties. Consider the following advantages of mediation: 

It is more economical. 

Litigation is very expensive; a sole court appearance can generate up to $10,000 in attorney fees. If your case is taken to trial, the costs accumulated over the entirety of the litigated matter can deplete any recovery that otherwise could be used to put your new life in order. Mediation is much less expensive, with an average overall cost of about $6,000. Since the price is split evenly between the two parties, most people are looking at a cost of about $3,000. 

It is rapid and efficient. 

Litigation is a long and exhausting process; it often takes up to a year to receive a court resolution. Furthermore, parties can always appeal if they are unhappy with the verdict, so it can take several more years to reach a final resolution. Mediated disputes are typically settled within days, allowing the parties to resolve their cases quickly and proceed with their lives without the burden of waiting for their case to be heard, let alone appealed. 

It promotes healthier continuing relationships. 

Disputes often arise among people whose relationships must endure over a number of years; in these cases, promoting amicability between the parties is essential. Mediation is effective at addressing both parties’ key interests, helping to determine the best possible outcome for both sides, and preventing hostility from infiltrating their future interactions. Additionally, mediation can help promote the cordial dissolution of a relationship, which is virtually unattainable with litigation. 

It has a high degree of compliance. 

Because mediation is a collaborative means of dispute resolution, it addresses both sides’ arguments and wishes. It aims to generate a solution that produces the maximum benefit for both parties. Although mediation offers only a non-binding settlement, the parties are more likely to comply with a mediator’s decision than with a jury’s verdict since both sides reap the benefits of a resolution founded on common ground. Thus, the mediator’s decision is likely to be sustained over time. 

It is personally empowering

Mediation gives people the power to negotiate their own settlements, granting them more control over the outcome of their dispute. This makes gains and losses more predictable and permits individuals to employ their personal authority in order to come up with a customized resolution. 

It is effective. 

Time and time again, mediation has been proven a highly successful method of dispute resolution. Because mediation allows people to exercise their personal influence and have their voices heard, mediators’ decisions tend to be honored by the parties over time. 

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