1. Settle disputes now.
Almost every case will settle prior to trial. The real issue is not if the case will settle, but when.
A Mediation session brings settlement negotiations to a head much quicker than if the case were
to proceed to trial. Proposing mediation is an excellent way to get settlement discussion moving.
2. Save money.
An early settlement naturally saves litigation expenses and other costs related to the dispute.
3. Maintain control.
Mediation differs from arbitration or trial because the mediator does not make a decision to
or force any party to accept settlement. When you agree to mediate a dispute, you are only
agreeing to attend. Consequently, you are in full control of the outcome.
4. Improve everyone’s understanding.
The mediation session is designed to educate everyone about the legal and factual issues involved.
This can be particularly helpful to people who are unfamiliar with litigation or claims. For
example, many attorneys have told us that their client would not have accepted a reasonable
settlement had they not attended the mediation. Privately explore settlement options. Because
of the confidential nature of the private caucus, the mediator can explore settlement options
without exposing your final position. This can remove the “posturing” that takes place
during negotiations.
5. Organize multiple party negotiations.
The mediator can play a major role in simply organizing the discussions. The mediator can
work closely and confidentially with each side to explore settlement possibilities and put a
settlement package together. “Telephone tagging” is eliminated.
6. Preserve continuing relationships.
Mediation is particularly appropriate in situations where the disputing parties will be working
together after the dispute is resolved, such as construction projects, commercial leases,
partnerships, business suppliers, etc. Mediation allows the parties to stay on the best terms
possible by virtue of an early and amicable settlement of the dispute, which if litigated, could
damage or destroy the relationship.
Almost every case will settle prior to trial. The real issue is not if the case will settle, but when.
A Mediation session brings settlement negotiations to a head much quicker than if the case were
to proceed to trial. Proposing mediation is an excellent way to get settlement discussion moving.
2. Save money.
An early settlement naturally saves litigation expenses and other costs related to the dispute.
3. Maintain control.
Mediation differs from arbitration or trial because the mediator does not make a decision to
or force any party to accept settlement. When you agree to mediate a dispute, you are only
agreeing to attend. Consequently, you are in full control of the outcome.
4. Improve everyone’s understanding.
The mediation session is designed to educate everyone about the legal and factual issues involved.
This can be particularly helpful to people who are unfamiliar with litigation or claims. For
example, many attorneys have told us that their client would not have accepted a reasonable
settlement had they not attended the mediation. Privately explore settlement options. Because
of the confidential nature of the private caucus, the mediator can explore settlement options
without exposing your final position. This can remove the “posturing” that takes place
during negotiations.
5. Organize multiple party negotiations.
The mediator can play a major role in simply organizing the discussions. The mediator can
work closely and confidentially with each side to explore settlement possibilities and put a
settlement package together. “Telephone tagging” is eliminated.
6. Preserve continuing relationships.
Mediation is particularly appropriate in situations where the disputing parties will be working
together after the dispute is resolved, such as construction projects, commercial leases,
partnerships, business suppliers, etc. Mediation allows the parties to stay on the best terms
possible by virtue of an early and amicable settlement of the dispute, which if litigated, could
damage or destroy the relationship.
Copyright © 2009 Mediation Arbitration Professional Systems, Inc.
Copyright © 2010 Mediation Arbitration Professional Systems, Inc.
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