Mediation is a structured process where a neutral third-party assists the parties involved to achieve a resolution. One of the most important aspects of this process is the level of self-party determination of the solution. In other words, the parties involved in the dispute have direct input to the solution. In the ADR (Alternative Dispute Resolution) spectrum, mediation falls in the center.
As you can see above, there are several steps in any conflict or dispute that starts with prevention and could possibly find itself in litigation.
As a dispute becomes more complicated:
- the ability for the parties to determine their own outcomes DECREASES.
- the expense and time spent to resolve the dispute INCREASES.
- the frustration and potential continued destruction of relationships INCREASES.
Pursuing resolution through mediation at any stage of a dispute is highly advisable. Mediation is available both before and after the commencement of litigation, and may be conducted with or without the involvement of attorneys. During Mediation, the parties have the most control of the outcome in a confidential process that can ultimately save time, frustration and money. Litigation is just the opposite: it is time consuming, little to no control of the outcome and extremely costly. Please go to our Frequently Asked Questions section to learn more about Mediation.