Why Mediation?

There are huge potential advantages of Mediation vs. Litigation or Arbitration:

Much Less Expensive:

  • The cost of civil Litigation through the court system can cost well over 20 times the cost of Mediation

 

Much Quicker Resolution:

  • Disputes can be resolved through Mediation in a matter of days or weeks instead of years through litigation in the court system
  • Delays have gotten even worse since the pandemic

 

Much more Flexibility in Structuring a Solution:

  • It is not a Judge’s job to create a customized solution that might work for both parties.
  • Judges can only rule within a very narrow framework and neither party may end up liking the decision
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  • A mail and phone survey of 528 of the largest U.S. corporations found that 81% consider alternative dispute resolution (ADR) a more satisfactory process than litigation, and 90% view mediation as an effective cost-saving measure. The amount mediation can save is enormous. In fact, 11% of respondents saved over $1 million using ADR.

 

  • Mediation could also save your business relationships – instead of devolving into total war. In fact, 59% of corporations say ADR ‘preserved good relationships’.

In litigation, a trial focuses on past events – while Mediation focuses on a resolution for the future. 

In litigation, the form of decision from a judge or a jury is inflexible and limited by the law (e. g. guilty and liable or not). In Mediation, a resolution has wide scope and there are few limits to the innovation and ingenuity that parties can employ in reaching an agreement. And in Mediation, neither party can be forced to accept a resolution.

Participating in mediation does not limit your right to a court hearing if an agreement is not reached in Mediation.

The process of Mediation is held in high regard by the legal system in California. The Mediation process is strictly confidential and is governed by specific and special rules of evidence and conduct. The Mediator cannot be called as a witness in a trial, nor compelled to prepare a report regarding the mediation nor to report to anyone anything about the mediation except other than to state that mediation took place and whether the mediation resulted in an agreement. Usually, the only admissible item from a mediation is the written settlement agreement.

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