Mediation process happens to reach a settlement between the disputing parties. When the parties discuss disputes with the assistance of a trained impartial 3rd person the person is called the mediator and the process, mediation. The mediation can be an informal meeting among the parties or a scheduled settlement conference. The procedure can happen anytime either when the dispute is pending in the court or when the dispute is getting filed in the court.
Mediation is suitable for non complex issues like commercial transactions, personal injury, construction, workers compensation, labor or community relations, divorce, domestic relations, employment and such matters which do not involve evidentiary issues. If the mediation isn’t governed by statute or contract clause then the attendance at the mediation conference is voluntary by the parties.
There are many reasons why opting for mediation procedure can be beneficial for the parties over traditional litigation or other forms of alternative dispute resolution. The reasons are the process being affordable, it getting resolved on time while it can be kept private and the parties can participate in the resolution of the dispute. Majorly this process is preferred for preserving the interrelationship between the parties.
It should also be taken into account that the cost involved in mediation procedure is nominal in comparison to the average cost in time and money for the litigation of a dispute. The lawyers charge more than the mediator on an hourly basis. Mediation can be scheduled within weeks of a decision to mediate or a court order to mediate.
For the attorneys too, mediation is better as it offers an opportunity to them to improve case management / resolution and satisfy the client. While an employment discrimination complaint takes years to litigate, an attorney can resolve many complaints in months after the investigation with an alternative method like mediation.
Attorneys can improve their prospects by adding mediation services to their practice. They can become court appointed mediators for court ordered mediations and advertise their services to members of the bar. The attorneys can offer this special expertise to the court or even provide a mediation service for a particular industry or area of law by collaborating with a group of lawyers to provide.
