Why  Mediate?

Why  Mediate? The reasons are obvious to those engaged in alternative dispute  resolution. Mediation works. A vast majority of disputes referred to  Mediation are successfully resolved, usually in less time and with less expense  required for a deposition of one of the parties. Many parties prefer an  immediate resolution which satisfies some but not all the parties interests rather than prolonging the uncertainty, expense, and inconvenience of  litigation.

Why  Mediate
If a successful resolution is reached, then Mediation:

  • Ends the dispute on acceptable terms which may not be achievable in litigation;
  • Ends additional litigation expense;
  • Ends additional expenditure of time by the parties;
  • Ends the uncertainty of litigation; and
  • May preserve the relationship of the parties.

If the  Mediation fails to resolve the dispute, the Mediation may nevertheless

  • Define the issues in the dispute;
  • Educate the parties to the risks and costs of litigation;
  • Educate the attorneys as to the theories and contentions of the adversary;
  • Focus and perhaps curtail the need for extensive and expensive discovery;
  • Define additional investigation or parties needed to bring the dispute to resolution;
  • Provide new perspective and insight from the perspective of a neutral; and,
  • Set  parameters for future settlement discussions.

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