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What
is Mediation
A neutral third party
assists those involved in a dispute reach a mutually acceptable
settlement. A mediator is brought in either by the parties or
ordered by the court to intervene in a dispute to bring about an
agreement.
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Why
Mediate
"The entire
legal profession — lawyers, judges, law professors —
has become so mesmerized with the stimulation of the
courtroom that we tend to forget that we ought to be
healers of conflicts. For many claims, trials by
adversarial contests must in time go the way of the
ancient trial by battle and blood. Our system is too
costly, too painful, too destructive, too inefficient
for a truly civilized people."
—
Supreme
Court Chief Justice Hon.
Warren E. Burger
1984
State of Judiciary Address |
When
to Mediate
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At the early stages of the dispute before a formal complaint is
filed in the courts.
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Soon after the pleadings have been filed.
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After some discovery is completed, i.e., depositions and
exchange of documents.
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After all discovery is complete.
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Just before trial.
Advantages
to Early Mediation
• Utilizing a skilled
mediator to resolve disputes early saves valuable resources.
• Voluntary
mediation on your own timetable without imposed deadlines has
many advantages over court ordered mediation.
• Early
mediation provides a valuable opportunity for the parties to
frame the issues surrounding the dispute.
• Witness
credibility can be evaluated during the mediation process.
• Even if there
is no resolution there is value to early mediation to evaluate
the overall strengths and weaknesses of your case.
• The parties
have control over the process and the outcome of the mediation.
• Mediation
provides the parties confidentiality and helps preserve future
relationships.
• Over 90% of
the cases filed eventually settle — early mediation can
creatively resolve disputes saving time and money.
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