Mediation, a form of Alternative Dispute Resolution (ADR), can be an inexpensive, effective, and peaceful method for resolving conflict between two parties without going to trial. Mediation is a non-confrontational process that involves a neutral individual (usually an attorney or retired judge) helping the two parties come to a mutually agreed upon solution.
Almost any scenario where parties would have a legal dispute could be appropriate for this form of dispute resolution. Mediation can be particularly effective for personal injury disputes, family law, and business disputes. Here is how to determine if mediation is the right form of conflict resolution for you.
Advantages
More Control Over the Outcome
By opting to use mediation as a dispute resolution technique to solve a conflict, both parties have some control in negotiating the outcomes, as opposed to leaving the result of the case completely in the hands of a judge or jury. Mediation serves as a structured process to help both parties negotiate their own resolution, empowering everyone involved.
Mediation, in particular, allows both parties to be more creative and flexible in reaching a settlement as opposed to the winner take all mentality that happens when going to court.
Reach a Resolution Faster
Compared to a traditional litigation, mediation or some form of ADR are a more efficient way to resolve a conflict or reach a settlement. Litigation can be an incredibly stressful process that can take many months or years to fully resolve before an outcome is reached. In a half-day or full-day of mediation, you can get accomplished what could take a year or more to do through the court system.
Cost-Effective
The value of going through mediation or some form of ADR is that it because the time it takes to reach a resolution is often much shorter, it is typically far less expensive than litigating a case through a trial. Also, because both parties are participants as opposed to just witnesses, there is a feeling of personal satisfaction that comes with finding a resolution both parties are satisfied with. Settlements reached can feel more reasonable because they have been agreed to by both parties, instead of simply awarded to one side or the other.
Disadvantages
Best Suited for Financial Disputes
Mediation and other forms of ADR are truly best suited for financial disputes. Conflicts that involve emotional differences or criminal cases are not resolved through dispute resolution agreements.
Resolutions Aren’t Guaranteed
While rare, there are some cases where a resolution is not reached if both parties do not agree to the outcome. Most conflicts are resolved through dispute resolution techniques, however, this is not always guaranteed.
If you are unsure whether advanced dispute resolution is the right path for you, call Anderson Hunter for a phone consultation and a Mediator. They will consult with you on the best course of action for your issue and provide a recommendation regarding next steps.
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