Mediation – What, Why, When, Who and How?
What: Mediation is a means to an end – resolving your case – that is quicker, cheaper and more certain than the alternative of going to trial. Mediations may be court-ordered or voluntary, but either way, the parties retain all decision-making authority and control over the case. Although a mediator may provide advice and counsel, she is without power to decide the case.
Why: There are many advantages to mediation and very few disadvantages: 1)Mediation allows the parties complete control over the outcome whereas one has no control once the case goes to trial; 2)Having all the parties together allows for quick and easy exchange of offers and demands; 3) Mediation provides a much quicker resolution to your case than going through the clogged judicial system; 4)Mediation is less costly than continuing to litigate a case through trial; 5)Good mediators offer insight into your case that can help you and your lawyers properly evaluate its merits and weaknesses.