Why Mediate?

What Are Advantages Of Mediation?

• Faster - Litigation can take years to complete but Mediation usually takes much less time - days, weeks, or months.

• Cheaper - Parties can save on attorneys' fees and litigation costs.

• More control and flexibility - Parties choose the process appropriate for their case, and have no restraints on remedies. Mediation creates the possibility for both parties to ‘win,’ or even to create mutually productive solutions that often cannot be achieve in other resolution methods.

• Cooperative and less stressful - In mediation, parties attempt to find a mutually agreeable resolution. The mediator’s task is to help both parties reach agreement, not to find a solution at any cost or on any set schedule.

• Preserve Relationships - A mediator can help you effectively communicate your interests and point of view to the other side. This is an important benefit when you want to preserve a relationship.

• Confidentiality - Communications in mediation are protected by legal confidentiality provisions, (e.g. California Rules of Court 3.854 et seq., Cal. Ev. Code section 1115 et seq.), and often by stronger contractual terms at the mediation. This encourages the parties to disclose information and get to the heart of the dispute in a way that few other resolution methods can do.

What Are Disadvantages Of Mediation?

• No discovery - because mediation is informal, you may find yourself negotiating without important information that can be obtained through legal discovery in a lawsuit.

• No forced resolution - the mediator's job is to help the parties agree. The mediator cannot force a resolution on the parties.

• You may go to court anyway - If you cannot resolve your dispute using ADR, you may still have to spend time and money resolving your lawsuit through the courts.

• Surprise  - if you are going to litigation you may reveal strategies about your case to the other side.