{"id":31520,"date":"2016-03-31T19:21:37","date_gmt":"2016-04-01T00:21:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/pros-and-cons-for-use-of-mediation-to-resolve-disputes.html"},"modified":"2017-11-16T14:24:51","modified_gmt":"2017-11-16T19:24:51","slug":"pros-and-cons-for-use-of-mediation-to-resolve-disputes","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/business-operations\/pros-and-cons-for-use-of-mediation-to-resolve-disputes.html","title":{"rendered":"Pros and Cons for Use of Mediation to Resolve Disputes"},"content":{"rendered":"
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Litigation and court trials are extremely expensive and risky propositions. There is no certainty that a trial<\/a> will bring a fair or just ruling for a case. Nor is there a certainty that once the trial is over, that the case will be over. Cases sometimes stretch long into the future as appeals are filed and motions heard. However, there is a certainty that any trial will be expensive, as they do require at least one attorney and an attorney team, working full-time at attorney rates for the length of the trial.<\/p>\n

Such uncertainty with trials makes mediation<\/a> a popular alternative to litigation<\/a>. Mediations can resolve disputes before the case is even filed in court or at any time in the litigation process. There are many valid and compelling arguments for mediation, but there are some cautions that should be considered. Below is a discussion of these pros and cons to use in evaluating the decision whether or not to mediate a case.<\/p>\n

Pros for Mediation<\/b><\/p>\n

Mediation can be a powerful ally in resolving disputes. The parties<\/a> will be able to control the outcome<\/a> of the case and not be surprised by what a judge or jury does.<\/p>\n

The parties will have an opportunity to be heard by a neutral party<\/a>, who can provide an independent evaluation of the case. The mediator will often point out weakness, that may not have been recognized or appreciated before. The mediator can also provide a dose of reality to a difficult client as to their true position in the case.<\/p>\n

Mediations are also a powerful discovery tools. They afford the opportunity to spend several hours with your client and the opposing side. This can provide insight into what is really important to your client that may not have been communicated in previous discussions. There is also an opportunity to observe opposing counsel<\/a> and their client that will provide information that written discovery or even a deposition will not.
\nPositive Points to Consider<\/p>\n

Some of the reasons that mediation should be considered include:<\/p>\n