The 411 on Mediation

Mediation is an effective way to resolve any type of dispute; from squabbles between neighbors to large claims worth millions of dollars. Differences that cannot be resolved between the parties can lead to expensive, time consuming, public battles that involve lawyers and courts - unless alternative dispute resolution (ADR) methods, like mediation, are utilized.

Mediation is a great way for businesses and individuals to resolve problems. Even after a lawsuit has been initiated, mediation is a practical way of reaching an agreement that could end the lawsuit. As long as the parties involved in the dispute are willing to meet to discuss the issues separating them, it is likely that a mutually agreeable settlement can be reached.
 
What is mediation?

Mediation is an opportunity for a mediator to facilitate a mutually acceptable settlement agreement between the parties involved by offering the parties an opportunity to: 

1. Express and address their respective concerns;
2. Better understand the other party’s perspective; and
3. Help the parties involved find creative solutions to their problems.

What is the role of a mediator?

A mediator is a third party neutral that will find points of agreement between the parties and facilitate movement towards a mutually decided upon agreement. A mediator should not dictate the decision, but instead help the parties develop their own resolution. 

What is the benefit of mediation?

Mediation has several benefits that make it more beneficial than arbitration and litigation in certain contexts:

1. Mediation saves time: Unlike litigation, which can take years, and arbitration, which can take months, the parties' dispute could potentially be resolved in a matter of days and possibly hours. 
2. Mediation offers privacy: If the parties reach a mutually acceptable settlement agreement during the mediation, the parties' have the opportunity to restrict public exposure of the issues and the outcome.
3. Mediation can save relationships: When there is an interest by either party to preserve a business or personal relationship, mediation is a great alternative. Unlike litigation, the focus of mediation is on compromise - not winning and losing. With that in mind, it is possible for the dispute to be resolved in a way that allows the parties to maintain their relationship and continue to work together.
4. Mediation puts the parties in control: If the parties choose to litigate or arbitrate a third-party makes the final decision and the parties have no input on the final decision. However, in mediation each party gets to make the final decision about what they will and will not do. That gives the parties autonomy and control over the outcome of the dispute. Contrarily, in litigation the parties have little to no control over deadlines, hearing scheduling, or the outcome.
5. Mediation saves money: Mediation can save the parties money if they reach a settlement agreement by reducing the future legal fees - including discovery expenses, expert costs, and attorneys' fees - that would be incurred with continued litigation or arbitration. The parties also have the potential to save money because the party gets to decide how much it is willing to pay, instead of a judge, jury, or arbitrator. 

Once the parties agree on dates, mediations can be scheduled quickly. Remember, the advantages of mediation over litigation include privacy, reduced legal fees, control over the outcome, control of the process, a chance to salvage relationships, and control of your most important asset - your time.

Simmons Rogers, LLC provides mediation services throughout Georgia, in all 50 states, and internationally. Contact us to learn more about our services or to schedule your mediation. Online scheduling is also available.  

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