Mediation is a process in which a neutral person helps two or more people achieve a voluntary agreement over a disputed matter. This process can equitably resolve differences that would usually be litigated with a lawsuit. In the long run, mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.

In fact, the mediation process can be applied to just about any type of dispute. The process allows you to openly explore many options that might not be available through the courts. Moreover, you and the other party have an equal say in the process and decide settlement terms, not the mediator. With mediation, you, not the lawyers or judges, can decide your fate.

Courts are not needed for mediation. If you and the other party agree, a private mediator can assist with resolving your dispute. You, the mediator, and other party meet at a neutral location, attempt reconciliation, and if successful, an agreement can be written then and there. It is that simple.

How can mediation help me? Compare some of the following ideas with the alternative—punishing court procedures.

Maintain Relationships

Foremost, years of friendship and business relationships are not usually destroyed by nasty lawsuit proceedings. The aggression and duration normally associated with lawsuits can polarize and fragment many personal and business associations. One of the key advantages of mediation is the resolution of disputes without destroying these friendships. Mediation usually ends with handshakes and not ill temper.

Privacy

The public has access to court records—everything submitted and stated to the Court becomes publicly available. Although by special order of a judge can seal the proceedings, it is generally not done. If you would like to maintain your privacy concerning any type of dispute, mediation is the ideal forum. What goes on in mediation stays in mediation.

What can be mediated?

Just about any dispute can be subjected to the mediation process. Squabbles over business, insurance, aviation accidents, real estate, marriage and divorce, ownership rights, merchandise, and employment can be mediated. In effect, two willing parties can sit down across from each other and attempt to amicably resolve just about any dispute. Open, frank and good-faith discussions can often lead to a settlement.

Minimize Costs

Mediation is almost always far cheaper than litigation in both time and money. When you file a lawsuit, you not only pay for your lawyer’s time, but also filing and service fees, travel expenses, fax and copy charges, associate and paralegal charges just to mention a few out-of-pocket costs. Court and legal costs can soar—often into six-figures. Mediation can greatly reduce and prevent these enormous legal costs. In addition, the parties to the dispute usually split the final mediation bill.

Speed of Resolution

Lawsuits can be unbelievably time-consuming; they can drag on for years. If you are not careful, the legal havoc created by lawsuits can also take big tolls on your mental and physical health for which you can never recover. Mediation is always faster than a protracted lawsuit—even the simplest lawsuits filed over minor disputes. You and the other party decide when and where to start the mediation. You can start at your convenience, not the courts or your lawyers, and the process can take only a few hours.

Mediator’s Presence Can Expedite Resolution

Sometimes we just cannot explain our point of view to another person; communicating our needs and desires can be difficult. Often a mediator's presence can help jump start a stalled negotiation or correct an imbalance of power. A trained mediator can assist you in communicating your position to another person or business. A skilled mediator can also place people at ease so that talking can be easier and listening grows in importance.

Think about the alternative—it is growing in popularity

Life is full of disputes. Many times we resort to the courts to resolve them. There is often a better way. Explore the option of mediation with a private mediator—you will be glad you did.