Mediation is one option in attempting to settle a dispute between two people. The process typically assumes that both parties are ready and willing to discuss their issues and come to a compromise. The process is guided by a neutrally trained professional in an attempt to reach an agreement.
1. Mediation is a lot cheaper than civil litigation. Mediation usually only takes one or two days, not only making it quicker but saving you a lot of money that you may lose paying for litigation or missing time from your job. There are also no court filing fees or related expenses.
2. Mediation is a faster process than civil litigation. Most litigation cases take almost a year to get to trial. The mediation processes can get your case settled in just a few days and will probably end up having the same outcome.
3. Both parties have the ability to express their thoughts and opinions mediation. This is not usually the case in a trial.
4. After there is a settlement, if other items come into dispute, a new mediation can be scheduled without affecting the prior settled items.
5. In the mediation process, both parties have the ability to check the background of their mediator and the mediator is usually fair and equitable to both parties. In a trail, they do not have the ability to choose their judge.
6. Mediation is private and not subject to the public.
7. Mediation can protect parties from some of the extra problems associated with civil litigation such as punitive awards.
8. Discovery is limited in mediation. This means that disputants’ attorneys won’t go fishing for burdensome secrets that can occur in ordinary litigations.
Today, most of the construction cases that are filed with a court of jurisdiction are remanded to mediation by the judge to see if a settlement can be reached. If this is not the case, then a hearing will be scheduled.
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