“No we haven’t discussed fees. Why do you ask?”
Conflicts are a part of business. They are a part of life. Trying to resolve them in litigation is time-consuming, expensive and can be emotionally draining. When aware of this likelihood, parties are increasingly rejecting the traditional legal system, whether in the courtroom or in arbitration, in favor of mediation.
In a typical mediation session, parties come together voluntarily to find a workable resolution to their differences. No judge is present to impose a decision. Instead, a skilled mediator works to open productive discussion between the parties helping each of them to recognize what will and what will not work for them. Typically, when asked at the conclusion of the process, all parties involved in mediation say that they are satisfied with the results: a condition rarely occurring in trial or arbitration.
Parties choose mediation for a variety of reasons, including that it is:
- Efficient – Most mediations are concluded within a fraction of the time and expense needed to prepare and participate in arbitration or trial.
- Private – All parties pledge in writing not to use or disclose information received in the mediation. This confidential environment enables the parties to be less guarded.
- Empowering – The parties themselves determine the outcome.
- Effective – More often than not, in mediation, problems are identified, issues are addressed, and solutions are implemented.