posted by admin on Dec 29
What Is Mediation?
Mediation is a dispute resolution process by which a neutral third party (the mediator) attempts to get the parties to a dispute to agree to settle the dispute. The mediator has no authority to impose a solution or insist that the parties settle. The mediator can merely attempt to persuade the parties that it is in their best interests to settle the matter rather than litigate the matter in court.
Even when a lawsuit has been filed, many courts require that the parties to a lawsuit go through mediation prior to trial.
Potential Advantages of Mediation
If the parties are open to settlement and if settlement is possible (i.e., the positions of the parties are not too far apart), a skilled mediator can be instrumental in getting the parties to the point where a settlement is possible, even probable. Settlement prior to trial will save the parties to a dispute the time, expense and aggravation of litigation, and allow the parties to put the dispute behind them and go on with their lives or businesses without the distraction and uncertainty of an unresolved dispute.
Potential Disadvantages of Mediation
The mediator’s job is to get the parties to settle. If one or more parties are intent on not settling a dispute on reasonable terms, mediation is a waste of time and money. The mediator is usually not as concerned with a fair result as getting the parties to settle. So the mediator will usually beat up on both parties, telling each party that its case or position is weaker than that party believes, and that it had best compromise. So, if a party truly has a strong case and is likely to prevail at trial, compromising that position at mediation may not be in its best interests, whether it is a plaintiff or a defendant.
Mediators are not inexpensive. Add to the expense of mediators the time your attorney takes to draft a file a mediation statement, and your attorneys’ fees during the mediation itself, and a mediation that does not lead to settlement is an expensive exercise in futility.
Mediation and the Law Offices of Keith A. Shandalow, P.C.
Besides participating in dozens of mediations on behalf of clients, both plaintiffs and defendants, in commercial, business, employment and professional malpractice lawsuits, Keith Shandalow has also served as a neutral third party mediator in commercial, employment, professional malpractice and family law disputes. Keith is a student of the art and science of negotiation, and has had significant success representing clients in complex negotiations and mediations.
