Mediation is a private, confidential and voluntary process where parties come together to settle their differences with the aid of an impartial person called a mediator.
Unlike courtroom procedures and practices, mediation is fairly informal. It is a cooperative process where interested parties attempt to resolve their dispute and enter into a binding agreement reflecting what they have agreed to. More often than not, mediation is far less expensive than litigation. It allows parties to maintain control of their interests versus subjecting important outcomes to an overburdened and understaffed judicial system or to a jury who knows little about the parties and what is important to each of them. Even if litigation has commenced, mediation can be used an effective method to “put the brakes on” expensive courtroom battles, giving the parties an opportunity to step back and work on resolution.
Mediation has numerous advantages including:
- Cost Effective: mediation is typically a fraction of the cost of litigation and often, cases settle in mediation.
- Confidential Process: everything said in mediation is confidential. This frees the parties up to discuss the case in a meaningful way without worrying about disclosing information that may be used against them in litigation.
- Creative and Flexible: Mediation can occur at any time – pre-litigation, during litigation, and post-litigation. The parties have the creativity and flexibility to architect solutions to their problems that may not be available through the judicial process.
- Avoid Draining Legal Battles: Not only is litigation financially expensive, it is emotionally draining as well. Cases embroiled in litigation may last anywhere from one to five years or longer on appeal. That is a long time to experience anxiety and uncertainty as your case winds its way through an overburdened and sometimes unpredictable legal process. Through the mediation process, parties may avoid protracted litigation and the associated financial and emotional drain.
What Types of Matters are Suitable for Mediation?
- Trustee Malfeasance: Breach of Fiduciary Duty, Failure to Provide Accounting
- Trust Administration
- Elder Abuse: Physical and Financial
- Entity Formation: Corporations, Limited Liability Companies, Partnerships
- Agreements: Operating Agreements, Dissolution Agreements
- Disputes: Breach of Contract, Breach of Fiduciary Duty, Entity Dissolution, Accounting