Mediated VS. Litigated settlements

In studies involving over 9,000 cases, reported in the Journal of Empirical Legal Studies in collaboration with Cornell Law School, plaintiffs who later litigated committed "decision error", receiving a monetary award less than or equal to the last offer made in mediation in 61.2 percent of cases!

Why does mediation work so well?

There are many contributing factors to the success of mediation. Mediation provides a safe environment for negotiation because the mediator can control and direct the communications. This way, unproductive discussions can be avoided and concessions will be communicated only if they are likely to lead to a settlement.

Also, fewer pressures exist that cause a party to be hesitant or scared to put an offer on the table. The mediator can propose the offer to the opposite party in such a way that both parties can agree without them feeling like they "gave in" to the other party.

The main factor is that mediation works! It works because it brings all necessary parties to the bargaining table where they can "realistically" evaluate their positions and safely explore settlement options.

What does successful mediation look like?

In a successful mediation, the parties decide the outcomes of the case rather than allowing a third party to do it for them. Everything that happens at the mediation is kept strictly confidential to encourage the parties to be open and honest about their case and make the best effort possible to resolve the dispute.

- save money
  
  tRADITIONAL LITIGATION IS EXPENSIVE
  
  Mediation is vastly less expensive than a typical lawsuit. While a mediator may charge an hourly fee comparable to that of an attorney, because of a much quicker turnaround, you'll be paying less money over a shorter period of time. Taking less time means expending less money on hourly fees and costs.
  
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- save time
  
  RESOLUTION IN HOURS NOT IN MONTHS OR YEARS
  
  In today's market, it can take as long as a year to get a court date...and multiple years if a case is appealed. The mediation alternative allows a timely way of resolving disputes. When parties want to get on with business or their lives, mediation is desirable as the means of producing rapid resolution.
  
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- you are in control
  
  TAILORED TO YOUR CIRCUMSTANCES
  
  Mediation clients decide the terms of their own agreement with the assistance of the mediator. There is no final agreement unless all parties agree. You have a major stake in the outcome of your dispute. Mediation eliminates the possibility that a judge or jury will order something that does not meet your wishes.
  
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- confidential
  
  maintain your privacy
  
  Mediation is a private process which usually takes place in a mediator's office, lawyer's office or another neutral location rather than in a public courtroom. These reasons alone can be a great reason to use mediation rather than file a lawsuit.
  
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mutually beneficial

EVERYONE CAN LEAVE HAPPY

Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker. Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to negotiate.

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more compliance

HIGH SATISFACTION RATE

Mediation participants report a high degree of satisfaction with both the process of mediation and the mediated agreements they reach. Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high.

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salvage relationships

OPENS FUTURE COMMUNICATION

Whether in business or in family disputes, preservation of relationships is a key benefit of mediation. Mediation helps participants focus on effectively communicating with one another as opposed to attacking one another. A mediated settlement that addresses all parties' interests can often preserve a working relationship. As well, mediation can also make the termination of a relationship more amicable.

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*THIS LIST IS NOT ALL INCLUSIVE. THERE ARE MANY MORE BENEFITS OF MEDIATION.

Mediation Works!

you can resolve your conflict

You have the freedom to speak your mind in mediation.
You do not have to worry that a judge or jury will decide for you.
Mediation allows you to put the conflict behind you.
Your voice is always heard in mediation.

let us know how we can help settle your dispute

If you are currently in the midst of a family, civil, personal or business dispute, call us today. We can help.

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