Most cases in federal or state court are ordered by the judge to participate in a mediation prior to a trial setting. Why? It works! Recent Department of Justice studies overwhelming confirm that mediation get disputes resolved, saves years of court time, and millions of dollars of expenses.
There are many reasons to mediation:
- It works. We settle cases all the time that no one thought could be settled. Working together with a trained mediator and good counsel to evaluate alternatives, there are few cases that cannot be settled. Success often comes from focusing our energy on finding a solution.
- It's timely. There is a tremendous benefit in having all of the right people present and focusing solely on the issue at hand. We can have many conversations in a short time period that might take days or weeks otherwise. Mediation can also be scheduled in a short time frame, saving months or years in the court system.
- It's cost effective. It is quicker, faster and cheaper than going to the courthouse. We routinely save people tens of thousands of dollars in expenses and fees.
- It's confidential. Statements made in a mediation are confidential and cannot be used later against a participant. The mediator also cannot be called as a witness, except in very limited circumstances. Mediations are also private and not subject to public disclosure or publicity.
- The participants control the outcome. Mediation empowers the parties to determine the outcome. When participants turn over the dispute to a judge, jury, or court of appeals somewhere down the line, they lose control of the outcome. I strive to help the parties come up with fair and workable solutions.