When To Choose Mediation Over Trial
People often wonder what options they have in a conflict and when to choose less adversarial means like mediation over a court trial.
Benefits of Mediation
Mediation offers an alternative to a traditional lawsuit. There’s no need for judges, courtrooms, or lawyers. Instead, a third-party neutral person acts as a mediator. Conflict-resolution is the goal of this process. When successful, the involved parties will discuss the problem, deal with misinformation, and reach a mutual agreement. You may find that mediation is a better choice than going to trial.
Is Your Case Eligible?
Mediation is usually possible for most non-criminal situations. Conflicts revolving around divorce and child custody are often resolved with mediation. People involved in disputes concerning business matters, family members, and neighbors often choose mediation as well.
Some states, such as California, have situations in which mediation is mandatory. Usually, the cases are those that involve child custody matters and neighbor disputes. There is some criticism to this practice, as many believe courts shouldn’t have the power to make mediation mandatory. But supporters argue that mediation helps the justice system move faster and smoother.
Reasons to Use Mediation
The benefits of mediation generally outweigh those offered by the courts. Here are six reasons why some people choose this path instead of court.
- Fast Process. Even if your case is complex, you could have your issue resolved in a few days or weeks. Cases that would drag on for months or years are quickly handled in mediation. The process is favored by people who want their dispute resolved in a reasonable time.
- More Economical than a Lawsuit. A mediator costs much less than a lawyer. And with the fast turnaround, you’ll pay for fewer hours.
- Offers a Relaxed Atmosphere. No one is comfortable sitting in court facing a judge. Mediation removes that anxiety-inducing situation. It’s easier to have a civil discussion away from the formalities required by the courts. Being in court can make you feel argumentative. But mediation focuses on mutual communication and problem solving.
- Offers Privacy. Court cases are a matter of public record. Records or transcripts of the proceedings aren’t confidential. Mediation is the exact opposite, in that what occurs is usually confidential.
- More Favorable Results. Mediation feels less combative than court. It isn’t a matter of who wins or who loses. No one is being judged by a jury or facing a guilty verdict. Instead, the goal is simply for those involved to reach a mutual agreement. People are generally more satisfied with the outcome because they collectively reached an agreement.
- Convenient Locations. Mediation can take place just about anywhere. It can occur in the mediator’s office, by email, via a phone conference, or online using video conferencing software. You can even choose to meet in a home or some other safe location.
Aftermath of Mediation
Although the benefits of mediation are many, sometimes the process doesn’t succeed. The parties involved will generally proceed to court if mediation fails. Following a success, the involved parties sign a legally binding document detailing terms of the agreement. Those involved receive copies of the signed document, and the original is filed with the court, if there has been a matter which requires court.
If your dispute was a private matter, roommate dispute, business conflict or something where there is not a matter before a court. The mediation agreement is the binding contractual agreement that ends the dispute.
If you’ve found yourself in a position where you’re considering going to court, please contact us for a consultation on mediation.
Featured Image credit: Bradley Corbett[/column]
