Here are the seven reasons that taking your conflict to mediation prior to filing any litigation makes sense:
- The process is cost effective as it saves you litigation costs, especially if you can get the matter resolved. It is also much less time-consuming as mediation can be settled in hours or days versus waiting months, or a year or more for the matter to be ready for trial.
- When it is important to preserve relationship, and why wouldn’t it be, mediation is cooperative and not adversarial. Mediation may allow you to continue interacting with the other person, especially if you have children involved in your conflict.
- Mediation is private; court proceedings are a matter of public record. If it is important for you to keep your private matters private, mediation is a great way to resolve conflict.
- In mediation, the parties control the outcome. In court proceedings, a Judge or a jury controls the outcome. Mediation also allows you to tailor the result to your needs and interests beyond what a court may have jurisdiction to do.
- During mediation, the mediator can help each side see strengths and weaknesses of this position so adjustments can be made. Seeing strengths and weaknesses early allows for more realistic expectations and encourages settlement.
- A skilled mediator can facilitate dialogue between the parties and help them understand the other’s perspectives and interests, not just positions.
- Resolutions reached in mediation can be reduced to a legally binding agreement bringing closure to the conflict without stepping into a courtroom.
Pre-litigation mediation is an effective and efficient tool because it empowers parties to resolve disputes on their own terms, quickly, and at a lower cost, while preserving privacy and relationships. It is a smart step for many conflicts, especially when parties value control, confidentiality, and efficiency.
If you or somebody you know is headed toward Mediation to resolve their legal disputes, our Mediation team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my mediation and legal practice is based. While the insights may have wide applicability, readers should consult with an attorney or mediator regarding the specific laws in their state or country.
Written by: Mediator Deborah L. Dilman