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In mediation, an impartial mediator assists the parties to reach a mutually acceptable confidential resolution. The mediator does not take sides or decide the outcome but helps the parties communicate and negotiate so they can settle the dispute. Mediation allows the parties to control the outcome.
Mediation gives you an opportunity to talk openly and explore a full range of ideas for resolving your conflict. To encourage this, the information prepared for or discussed in the mediation cannot be used as evidence in court, and the mediator cannot be forced to testify about what happened or was said in the mediation. The mediator will only report to the court whether or not an agreement was reached.
Mediation may be less effective if parties are unwilling to negotiate.
Save Time
A dispute often can be settled or decided much sooner with mediation; often in a matter of weeks or months, while bringing a lawsuit to trial can take a year or more.
Save Money
You may save some of the money you would have spent on attorney fees, court costs, experts witness fees, and other litigation expenses.
Increase Control over the Process and the Outcome
In mediation, you can play a greater role in shaping both the process and the outcome. You have a greater opportunity to tell your side of the story than you do at trial. Mediation allows you to fashion creative resolutions that are not available in a trial.
Preserve Relationships
Mediation can be a less adversarial and hostile way to resolve a dispute. For example, an experienced and trained mediator can help you effectively communicate your needs and point of view to the other side. This can be an important advantage where you have a relationship to preserve.
Increase Satisfaction
Mediation can help you find creative solutions and achieve your real goals. This, together with all of mediation's other potential advantages, i.e., confidentiality, increased control over the process and outcome, time and money savings, and preservation of relationships, may increase your overall satisfaction with the outcome.
Improve Attorney-Client Relationships
Attorneys may also benefit from mediation by being seen as problem-solvers rather than adversaries. Quick, cost-effective, and satisfying resolutions are likely to produce happier clients and may generate repeat business and referrals from a client's friends and associates.