5 Salient Points About Mediation

courtroom gavel

If you work out a dispute in court, it can take ages. Our courts are overcrowded, and their case loads are backed up. The use of civil litigation is an expensive and inefficient way to settle a dispute.

The smarter move, if you and the other party are amenable to it, is mediation.

What should you know about mediation that you may not already?

  1. Mediation can often be completed in less than a day. Due to how informal the process is, the attorneys and the mediator can dive right in and get to the meat of the matter quickly.
  2. Mediation is private. Usually, no public record is ever made of a mediation session. It happens in a private location, and the content of the conversation is kept entirely confidential.
  3. Mediation is not arbitration. In arbitration, the arbiter makes a decision for the parties in dispute, and can determine the outcome. In mediation, the parties make their own settlement together, and decide from themselves.
  4. Mediation usually ends in a settlement. The American Arbitration Association says that more than 85% of mediations result in a settlement, even in dispute where previous attempts at settlement were unsuccessful.
  5. There are no interruptions. Each party gets to explain his or her account of the dispute, without anyone else saying anything. This statement begins the process.

As Michael Hutchence from INXS sang in the classic song from Kick called “Mediate,” “Deliberate, fascinate, deviate, reinstate, liberate, to liberate.”