Mediation is the voluntary resolution, or attempt to resolve a lawsuit, using a third-party intermediary. The mediator’s job is to try to facilitate negotiation and have the two parties voluntarily come to an agreement.
Mediation is often the quickest, most affordable, and most certain way to resolve a lawsuit.
As part of litigation, either before or during the lawsuit process, Lyda Law Firm zealously represents clients in mediation. In addition to representing clients in mediation, Lyda Law Firm also offers effective, affordable services as a neutral mediator.
There are many advantages of mediation compared to litigation and arbitration. The most appealing advantage for many people is that it is often much more affordable for both parties. Another major advantage is that it gives power to the parties involved and reduces the chances of surprises.
Let’s discuss these advantages in more detail.
Since mediation is voluntary, there is no conclusion unless both parties agree. That can be an advantage because you can always walk away if you can’t come to a resolution. The mediator cannot make you do anything. All the mediator can do is try to guide the resolution process. They don’t have the power to pick a “winner” or “loser” like in a courtroom or arbitration. The mediator might help you see the weaknesses in your case or help you think about how expensive it'll be to move forward with a lawsuit. They will try to encourage you to settle, but the mediator cannot make you settle - you are in the driver's seat.
Mediation also has the advantage of certainty. Anytime you go to trial, you don't know if you're gonna win or lose. There's no such thing as a slam dunk case and there is always the risk of things not going your way, forcing you to walk away empty-handed. In mediation, there is no winning or losing, there is only a compromise leading to resolution.
As we mentioned earlier, mediation can also save you a lot of money. Taking a lawsuit to court can be very expensive, but coming to a resolution before the trial can help you avoid those expenses altogether. Even if you don't reach an ideal result in the mediation, either you feel like you're paying too much money or the other side isn't paying enough money, ultimately, it's very likely that a resolution at mediation will save you money in the long run.
The final benefit of mediation is that you are in charge of the setting. Not only do you get to choose the mediator (in cooperation with the opposing party), you can also choose the environment. In normal circumstances, you will be in a conference room with the other party.
Other times, especially when it's a particularly contentious lawsuit and the parties don't like each other, the mediator will place the parties into different rooms and the mediator will go back and forth talking to each of the parties individually.
Since the whole process is voluntary, you can tell the mediator what you want. You can say, “I don't want to be in the same room as that other person” or “I'd like to be in the same room because I think it'll help if they hear what I have to say.” Mediation is not one-size-fits-all, you can work with the opposing party and with the mediator to create a setting that is best for everyone involved.
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