By: Donald C. Turner
When, during the course of litigation, the possibility of mediation arises, clients frequently ask why they should spend the time and money to hire an independent third party to assist them in seeking to resolve a dispute. This is a good question and there are a variety of possible answers, depending on the facts and circumstances of the individual case. In many cases, one of the following reasons is why mediation is worth considering.
The first is time and money. If the mediation is successful, in many cases it will save significant time and money when compared to litigation.
A second reason mediation is worth considering is because it enables the parties to mold the ultimate resolution of the matter. For example, if a defendant is able to pay the amount demanded by the plaintiff but needs time to do it, a mediated settlement agreement, unlike a judgment, can provide for this.
If the dispute involves two parties who have a long history of doing business with each other, mediation offers an alternative to resolve the dispute in a manner which is much more likely than litigation to preserve the relationship and to allow business to continue into the future. This is a third reason to consider mediation.
The last reason is because mediation provides valuable feedback to the client and the lawyer regarding the strength of their case. Knowing what an objective third party thinks about your case, your witnesses and your evidence can be extremely useful in deciding if you should settle. If so, at what amount; and if not, this feedback will help you anticipate issues that are likely to arise at trial.
At the right point in the process, mediation may prove useful and effective.
Please contact Donald C.Turner for more information on mediation.
