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The E-Mediation Blog

Why Mediate?

Mediation is an incredibly helpful method for reconciling disputes, especially those disputes that would otherwise be going to trial. There are a number of advantages to mediation, including:

  1. Saving time;
  2. Saving money;
  3. Having control;
  4. Having your voice heard; and 
  5. Decreasing stress 

Mediation Saves Time

Often mediation can be done within 1 – 2 months, whereas a trial won’t happen for anywhere from 3 – 18 months. Saving you time in resolving your dispute means that you can decrease your stress and save some money.

With mediation, you may be able to avoid the stress of litigation/discovery, which is often very time-consuming throughout the preparation process because you’ve got to hand over documents/records of all sorts, conduct depositions, be the subject of depositions, etc. 

Mediation may also allow you to avoid the cost of litigation/discovery, which is incredibly expensive because you have to pay an attorney to spend a lot of time reviewing every document/piece of evidence, conducting depositions, preparing you for trial, etc.

Moreover, mediation allows you to control the outcome of the case, unlike having a judge force a decision on you. Judges – and juries – can be unpredictable. Even if you or your attorney thinks the judge or jury is likely to rule in your favor, there’s no guarantee. The stress of the uncertainty can be overwhelming.

In mediation, you have more time to state your case than you do in a trial – and fewer rules to worry about limiting what you can say. In trial, the rules of evidence limit what you can talk about/bring into the case. In mediation, though, you don’t have those limits. You can talk openly – and you have more time to talk in a mediation, so you can make sure your voice is heard. 

Mediation Saves Money

Going to trial is quite expensive – often tens of thousands of dollars, whereas mediation is much less expensive (often only a few hundred or thousand dollars).

This is because, in order to prepare for trial, you usually hire an attorney and pay the attorney to do discovery, depositions, and to prepare a trial strategy. Then you also pay the attorney for his or her time during the trial. Plus, at trial, you can be hit with extra fees if you lose, such as the opposing party’s attorneys’ fees.

However, for mediation, only basic discovery or a few depositions may be done (or potentially not even that), which limits how much time and money you’re spending. 

Additionally, mediation is only a few hours – not a few days like a trial may be – so you pay an attorney for less time if you mediate. 

Since mediation can be done pre-suit, you also avoid the court fees in some cases, which saves you a few hundred dollars as well. 

Mediation Gives You Control 

During a trial, the judge or jury is in charge. You never know how the judge or jury might interpret things – or even whether they’re just having a bad day and not inclined to help you out.

In contrast, during a mediation, you’re in charge. The parties to the dispute are literally the ones in charge of:

a) Deciding how long the mediation continues for (when, at trial, this would be determined by the judge)

b) Deciding what topics are included in the conversation (when, at trial, this would be determined by the court rules)

c) Deciding what the final settlement will be, if anything (when, at trial, this would be decided by a judge or jury) 

Mediation Lets Your Voice Be Heard

In mediation, you’re given an opportunity to explain your case. You’re also given an opportunity to vent and let your voice be heard. 

That means you are empowered to speak your truth and say what you need to say.

Mediation is a safe place for you to be authentic and be heard. It’s an opportunity to make sure everyone involved understands your goals, interests, and intentions. It’s also an opportunity to have your perspective understood by both the mediator and the opposing party. 

Mediation Decreases Stress

Mediation is much less stressful than litigation for a number of reasons:

a) Mediation can be scheduled a lot more quickly than a trial, so you can try to resolve your case quickly and, thus, stress about it for a shorter time frame 

b) Trial can be very stressful. You’re trying to guess how other people will think. But in mediation people are allowed to express their thoughts, which keeps you knowledgeable about what people are thinking and, thus, makes mediation a less stressful process. 

c) Because you’re in control of whether your case settles during a mediation, you can relax a little, knowing that you’re the one in control. You are empowered during a mediation to decide what a good settlement option would be for you.

Conclusion

Mediation has a number of advantages. If you’re facing a legal dispute, then feel free to contact E-Mediation Services to see if mediation is the right way for you to handle your case! 

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