Why Mediate?
Here are 12 reasons to mediate:
Mediation takes less time than going to court. The backlog in the courts today, in almost any area, is astounding. Some people think the system is so overloaded it is broken. Certainly, it takes a very long time to seek resolution to any dispute in court. Medation can be scheduled at the convenience of the participants.
Mediation is usually much less expensive than taking a case to trial and possibly beyond to an appeal.
Mediation is an informal process. The participants speak freely (but with mutual respect!) and the rules of evidence to not apply.
Mediation is a private and confidential process. Mediation takes place in a private setting. Anything that is said in the mediation stays in the mediation (with a few exceptions, like mandatory reporting of abuse) and cannot be brought up in court just because it was said in the mediation.
During the course of the mediation, the parties (participants) are in control. While it is true that the mediator steers or facilitates the process, the parties agree what they will talk about and ultimately arrive at a solution that they agree to. This is important because the parties are able to develop agreements tailored to their needs and interests and are often able to develop an agreement that includes relief a court cannot give. Thus, mediation results in customized agreements that allow for the consideration of more options than would be available through a court. There is great flexibility in drafting agreements during a mediation.
Mediated agreements have been demonstrated to have a much better history of compliance than court ordered agreements.
Of course, if no agreement is reached, the parties still have the option of going to court.
Mediations can often preserve relationships, provide healing, and teach skills that can be used in the future by the parties to avoid futher conflicts. Mediation is designed to provide a win-win outcome.
Mediation provides closure so you can move on.
Mediation eliminates the risk (gamble) of a trial - where the outcome is never certain.
In mediation, it is often possible to craft agreements that deal with issues the courts cannot or will not. This flexibility allows for a better agreement that is custom fit to the participants.
Mediation works. It works in almost any situation and, in my opinion, is a better method for resolving conflict than litigation. Call me for a free consultation to determine whether you can benefit from mediation: 865-357-1949
Bob Vogel