As a trained and certified mediator, I’ve seen many instances where two parties in dispute resolve their differences by reaching a common ground outside of the courtroom. And the mediation process has many other positive advantages.
First, the parties get to pick the mediator, as well as where, and when the process will take place. They may also stop and restart or completely leave the process at any time.
Second, the parties, along with the neutral mediator, may develop solutions to the dispute that are not available during litigation proceedings.
Third, the parties play an integral part in reaching agreement, even though it is not binding, because the mediator clearly explains the “good faith” process to them at the front end and how it can create the foundation for permanent and satisfactory resolution.
Fourth, all notes and documents leading up to the resolution document are destroyed, and that will be shared solely amongst the two disputinig parties.
Fifth, the expenses of a mediation are incredibly less expensive than traditional legal actions, especially if both parties leave attorneys out of the process and rely on professionally trained, certified mediators, which although some are, they do not have to be practicing attorneys.
And last, time to end result. Court hearings are expensive, drawn out and public. It takes months to get into and out of the system, whereas a mediation can take place at the earliest agreed upon date of those in dispute and the mediator.
Remember, in a lawsuit, there is most always a “winner” and a “loser” apart from the attorneys, and while a successful mediation results in both parties being somewhat displeased, the result is more desirable than a worse case scenario in front of a judge.