What is Mediation?
Mediation is a form of conflict resolution. A neutral third-party mediator facilitates productive conversations with the end goal of reaching a settlement agreeable to both sides.
Mediation is often used to resolve legal and business disputes, including:
- Personal injury or medical malpractice claims
- Disputes between business owners
- Disagreements between business owners and vendors
- Disputes between businesses and their employees.
Mediation can also be used to resolve:
- Disagreements over real property
- Divorce or family law claims
- Disputes among family members over an estate, or matters in Surrogate’s Court.
There are several advantages to choosing mediation. They include:
Time
In a post-Covid world, wait times to receive a trial and eventual verdict through the court system can take months or in most cases, years. The backlog of cases clogging up the court system results in frustration and confusion for clients and attorneys alike. Even worse, there is no light at the end of the tunnel; the court system is not going to be “fixed” anytime soon.
One article from the New York Law Journal in December 2022 noted that there was a backlog of 4,000 cases in Nassau County alone. As the authors of the article noted, ” Even if each trial lasted one day and the court operated 24/7, it would take years to process them, by which time another 4,000 cases would be sitting in backlog.” The solution? Alternative dispute resolution (ADR) – including mediation.
Setting
Mediations are typically held at a private firm or location convenient for both parties. This is a less invasive and intimidating environment than a courtroom setting. More importantly, mediation is approached from an angle that changes the paradigm from adversarial (read time-consuming and costly) to an atmosphere geared toward a fair resolution that works for the parties involved.
Efficiency
The role of the mediator is to assist in reaching a decision that is fair for all involved. Often mediators are retired judges and attorneys who bring a wealth of experience and knowledge to the table. They are trained to resolve conflict in a timely and effective manner and in a top-notch mediation firm, the mediators know how to settle cases and resolve disputes.
Cost Savings
Mounting attorney fees can quickly drain finances when disputes are resolved through the court system. Mediation is a less expensive alternative; the parties share the cost for the mediator and their services. An efficient resolution cuts the time in litigation and reduces the chance of a case dragging on and incurring additional legal fees.
Consider mediation for your dispute
No matter the type of dispute, mediation should always be considered. Keep an open mind to the value that a third-party neutral can bring to the table. Mediation can be a welcome alternative for cases that are backlogged in the court systems, simply are too draining to carry on, or where it is important to keep the relationships between the parties intact.
Read about more benefits of alternative dispute resolution here.
If you think mediation might be the way to resolve your dispute, contact us.