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Home :: FAQ :: Personal Injury

What are the advantages of mediation?

Advantage for the Court:

  1. Docket management and control.
  2. Resolves the case without the necessity of additional judicial labor for trial.
  3. The dispute is resolved early and not on the eve of trial, thereby allowing the Court to schedule other cases in the allotted time.
  4. Voluntary settlements as a result of bargaining by the parties usually do not need post-trial enforcement proceedings or appeal and resolve all outstanding issues between the parties.
  5. Citizens and attorneys are more satisfied with the “system”.

Advantages for the Attorneys:

  1. Enables them to negotiate a settlement which may be more favorable than their expected result at trial.
  2. Facilitates negotiation - forces the creation of an event at which both sides must negotiate in good faith.
  3. Accomplishes the goal of the client without a disproportionate expenditure of attorney’s fees.
  4. Client satisfaction - enables the attorneys to deliver a product (resolution of the dispute) favorable to their client with which their client is satisfied.
  5. Provides more effective use of the attorney’s time.
  6. Protection of having the client participate in the negotiation process.
  7. Durable agreement - no appeal - no collection problem.
  8. Prevents settlement negotiation distraction during trial process.

Advantage for the Parties:

  • Allows them some management control over the resolution of the dispute.
  • Prevents the unlimited exposure and uncertainty of a trial.
  • Allows them to exert some informed direct influence over the outcome of the dispute after observing the other attorney, the other party, and hearing a capsule discussion of the case with a neutral outsider.
  • Avoids the expenses of final trial preparation and trial.
  • Allows the party to bargain through counsel for certain key elements which are extremely important in exchange for the other elements which are less important.  The Court would make a decision without knowledge of or regard for these key elements.
  • Each side gets to see the other’s best offer and the parties can decide to take it or litigate.
  • Enables a party to stop an expenditure of time and personal involvement in the litigation and therefore, exert energies to other business pursuits or other normal activities.