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Benefits of Mediation              



Tangible Benefits:
Clients and Counsel Gain Advantages Through Mediation
  • Explore settlement options
  • Assessment of opponent's case
  • Discovery tool
  • Narrows issues
  • Cost savings
  • Time savings
  • Informal
  • Confidential
  • Private
  • Potential for value billing for enhanced revenue
  • Settle difficult, unproductive cases
  • Creative, flexible solutions
  • Client bound only if agreement is reached
  • Increased compliance rate
  • Procedural, substantial & psychological satisfaction
  • Addresses client's emotional needs
  • Addresses client's personal concerns (cf., legal position)
  • Clients are demanding it with more frequency
  • Involves decision-makers on both sides early on
  • Parties get to choose, rather than be assigned, the mediator
  • Process is infinitely flexible: parties decide on procedure, parties to be present, whether briefs should be submitted, scope of issues to be discovered, whether a second session is necessary
  • Useful where only a narrow issue is in dispute, e.g., where liability is already conceded
  • Client control assistance (good-guy/bad-guy): helps educate client to realities of probable case outcome without jeopardizing attorney/client relationship
  • Can re-establish business relationship between disputants
  • Preserve ongoing relationships and establish procedure for resolving future disputes between the parties without litigation.

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