The Unanticipated Benefits of Mediation

There are many legal and financial benefits to taking a case to mediation. Typically, cases can get scheduled much more quickly, costs are limited and both parties are able to work in a mutual setting designed to reach a more civil and harmonious conclusion. There are some powerful emotional aspects of resolving a case through mediation, too.

Although mediation has been a cornerstone of alternative dispute resolution in family law, the practice has been modified for other types of cases, too. In this type of alternative dispute resolution, both parties will meet and discuss issues under the guidance of a trained mediator. Each party has the opportunity to share their side of the story, after which time the mediator asks questions to lead both parties towards a point of understanding.

Mediators use the information they glean to suggest possible solutions and scenarios, giving parties the time to discuss these options. The negative focus of "lose-lose" or "win-lose" scenarios in court is replaced in mediation by points on which the parties agree, laying the groundwork for a post-dispute civil relationship between the parties. When individuals have had the opportunity to practice getting along and setting agreeable terms, there is a much higher chance of long-term success with the terms of their solution.

Mediation discussions and airing of personal details can be kept private throughout the process, which is a significant difference from litigation, where matters may become public record. The confidential aspect of mediation appeals to parties for numerous different reasons, since it allows parties to discuss the issues at stake with some sense of privacy about those issues.

One of the best benefits of working through mediation is that there are emotional advantages to pursuing this route versus litigation. Mediation may result in less stress as a result of the tone, environment, reduced cost, and expedient schedule of mediating meetings. When parties are encouraged to work with one another, as opposed to develop arguments against one another, the emotional tension can be decreased, too. Since individuals are so invested in developing their own post-dispute solutions, most parties are satisfied with their final results, unlike those who have gone through litigation.

Working with a mediator is an excellent opportunity to address conflict and develop meaningful solutions for life. Relying on the experience of a trained mediator keeps parties from delving into unhelpful or unrelated discussions, making the best use of time for everyone involved, too.

Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit http://www.hmrmediation.com/ Rate this Article

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Herbert Rowland Jr has published 1 article. Article submitted on August 12, 2013. Word count: 404

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