Five Mediation Benefits Money Can’t Buy
While most people only think of mediation as a more affordable alternative to litigation, there are also other unexpected advantages that can make the entire experience less painful, more productive, and potentially, help preserve or repair relationships.
If you’re weighing whether to mediate or litigate, here are five powerful, non-financial reasons to choose mediation over appearing in court.
1. Stay in control of the outcome
In litigation, you have no control over how a jury or judge will see your case and the decisions they will make. In mediation, you decide what results works for you. Yes, it will be a compromise instead of everything you ever wanted from the lawsuit, but most trials lead to both parties feeling dissatisfied anyway. One party loses, and the other party often gets some but not all of what they wanted.
2. Maintain privacy and reputation
Litigation is public, mediation is not. Mediation also carries a confidentiality guarantee. If your dispute involves sensitive issues, mediation offers a discreet setting to resolve the matter without making it part of the public record.
3. Preserve relationships
Mediation is one of the few legal processes that can reduce tension, instead of increasing it. Therefore, mediation is particularly helpful for estate planning or family law disputes where family members need to work closely together for the foreseeable future.
4. Get on with your life
Litigation can take months or years to resolve. During that time, your life is more or less on hold. You’re waiting on hearings, deadlines, and court calendars. Mediation moves much faster. Many disputes can be resolved in a single day or over a few short sessions.
5. Gain emotional closure
Often people file a suit because they need to be acknowledged, heard, and understood but did not get that in the interaction or relationship in question. Mediators provide a space for litigants to speak directly and safely about the conflict at issue. For some clients, the potential for emotional resolution matters more than the financial settlement itself.
Still unsure about mediation? Use this quick checklist to evaluate whether your legal dispute is a good fit for mediation.
Author: Diana Maier, Partner. Diana is a Spanish-speaking mediator and workplace investigator, as well as a seasoned employment lawyer. Diana’s specialty is resolving employment and business dispute litigation, as well as interpersonal conflict in the workplace.