When To Use Mediation
Transcript of When To Use Mediation
Al Tetrault
When To Use Mediation
This is an overview of the advantages, useful to parties unfamiliar with mediation
Al Tetrault
Mediation is an unnatural act
An alternative to traditional civil litigation Conflict resolution through negotiation …
Strong and negative biological bias• Historically, fight to resolve dispute• Duels prevalent until the 20th Century• War is the highest manifestation of group dispute resolution
Conflict resolution through negotiation … Submit disputes to religious hierarchy
Conflict resolution through negotiation … Submit disputes to secular judiciary
Al Tetrault
Mediation Advantages …
Parties control the outcome Self-determination of any agreement
Compare to having strangers (judge and/or jury) evaluate and render judgment and damages
Maintain confidentiality Litigation is a part of public record Confidentiality can be part of any agreement in mediation
Preserve relationships Ongoing family or business contact Mediation limits hostility No winners in litigation
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Mediation Advantages …
Court Ordered Mediation Courts often require mediation before setting trial
date Pre-trial mediation can help attorneys evaluate their
trial strategy and strength of claims Understand opponent’s legal arguments Validate their discovery requirements
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Mediation Advantages …
Economics Mediation is faster than litigation, reducing legal costs Mediation requires little or no discovery, reducing legal
costs Mediation requires less preparation, reducing legal costs Mediation is less formal than traditional court processes,
reducing legal costs Mediation retains the litigation option, if no agreement is
reached …
MEDIATION IS LESS COSTLY THAN LITIGATION