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Mediation

Mediation - Coming Together

Mediation is all about settlement.

A mediator brings disputing parties together in an attempt to settle their case. He helps each side carefully consider the factors in favor of settlement and those against it. He will also help each side contemplate what they are willing to do to reach a settlement, and he will explore common ground with each side that could lead to settlement.

Mediation is about compromise.

Mediation is negotiation, offer and counter-offer in hopes of reaching reasonable compromise. It gives the parties control over the outcome of their case as they decide whether settlement actually occurs.
Obviously, there are no guarantees that a case will settle at the mediation. However, mediation does give each side a chance to be heard, and the parties should come to the mediation prepared to settle their case.

Mediation has advantages over going to Court.

  1. As a general rule, 4 out of 5 personal injury cases that go to mediation will settle. On the other hand, no one can predict the outcome of going to Court.
  2. Settlement generally means both sides are satisfied with the result. Going to Court and enduring a trial can make even the winner less than happy.
  3. The average cost of a personal injury mediation is around $1,800.00. On the other hand, going to Court will cost over $6,000.00 most of the time.
  4. Mediation generally takes place within a year of filing a lawsuit. Getting to Court usually takes at least two years from filing suit, and can take longer.
  5. Mediation is cordial negotiation. Court is lawyers doing their best to cast the other side in less than flattering light.
  6. Mediation is closed to the public; settlement negotiations are kept between the parties. Court is generally open to the public and places the parties under the microscope of adversarial scrutiny.
    When all is considered, mediation offers a more appealing alternative than going to Court.
Mediation is about Healing

Mediation may provide some degree of healing for the parties, who have come together in the spirit of compromise and have agreed to make an attempt to reach a settlement. On the other hand, if the parties go to court, enduring a trial can aggravate already bitter feelings, oftentimes leaving even the winner disappointed and angry over the matter.

Mediation is Win-Win

Mediation provides a win-win approach to dispute resolution. It is conflict resolution by facilitating settlement. It is about negotiation; it is about compromise and provides an alternative to having the case decided by a judge. A mediator does not decide the case or issue any rulings binding on the parties. The mediator brings the disputing parties together to explore the possibility of settlement.

The parties come to the mediation hoping to settle their case; they do not come hoping to dominate the other side.

Mediation is offer and counter-offer; it is not unreasonable demand.

Mediation is negotiation; it is not unbending refusal to move.

Mediation is helping each side consider what they are willing to do to bring the case to an end. Mediation gives the parties control over the outcome. It is not a judge declaring one side a loser.
The parties decide whether settlement actually occurs. The mediator does not order one party or the other to settle their dispute.

Mediation is not a forum for one side to harass or humiliate the other.

Mediation is reasonable compromise; it is not combative.

There are no guarantees that a case will settle at mediation, however, even if the case does not settle, the mediation process can offer hope by changing a party’s focus from unrelenting litigation to the possibility of some compromise.

Online Mediation

Online mediation provides a more convenient forum and is less expensive than standard mediation. For more information check out our online mediation page.