Basic benefits of Mediation

Mediation is increasingly used to settle disputes, either before a lawsuit has been filed, or after. Mediation is a process in which a neutral third party, called a mediator, helps two or more parties in a dispute come to a mutually agreeable resolution. Mediation is a voluntary process, and the parties are free to walk away at any time.

There are many benefits to mediation over litigation. Mediation is:

  • Faster and less expensive. Mediation can take a fraction of the time and cost of litigation. This is because mediation is a more informal process, and there is no need to go through the court system.

  • More confidential. Mediation is a confidential process, which means that what is said in mediation cannot be used in court. This can be important for parties who want to keep their dispute private. Mediators also cannot be called as witnesses in civil disputes.

  • More likely to result in a settlement. Mediation is more likely to result in a settlement than litigation. This is because the parties are actively involved in the process and have a greater say in the outcome.

  • More creative and flexible. Mediation is a more creative and flexible process than litigation. This is because the parties are not bound by the rules of evidence or the law. They can come up with solutions that meet their specific needs.

  • More likely to preserve relationships. Mediation is more likely to preserve relationships than litigation. This is because the parties are able to communicate directly with each other and work together to find a solution.

Here are some additional benefits of mediation:

  • It can help parties understand each other's perspectives. Mediation provides a safe and neutral space for parties to share their stories and perspectives. This can help them to understand each other's point of view and to see the dispute from a different angle.

  • It can help parties build trust. Mediation can help parties to build trust by creating a respectful and collaborative environment. This can be important for parties who need to continue working together after the mediation is over.

  • It can help parties resolve their dispute quickly and efficiently. Mediation can help parties to resolve their dispute quickly and efficiently by avoiding the time and expense of litigation.

  • It can help parties achieve a win-win outcome. Mediation can help parties achieve a win-win outcome by focusing on their interests rather than their positions. This can lead to a solution that is acceptable to both parties.

Alex Verbeck
I'm the founder of Verbeck Law, an innovative new law firm active in California and Oregon.
verbecklaw.com
Previous
Previous

Mediation in Custody Cases

Next
Next

Landlord/Tenant Mediation in Berkeley