More About Mediation

Why Mediate?

Mediating a dispute saves time and money.

In 2013, the median cost of a breach of contract lawsuit in the United States was approximately $91,000. Lawsuits involve lawyers drafting pleadings and motions, conducting extensive written discovery, taking depositions, and appearing in court. Recent changes to the Federal Rules of Civil Procedure open up the parties' digital records to deep, expensive probing by other parties, and depositions (giving testimony under oath before trial) can go on for days. In the end, the fate of a party to a lawsuit is in the hands of the judge or the jury.

Mediation can be used to reduce those costs and control the results. Early mediation during a lawsuit can bring about a settlement before the need for motions and trial. Even more cost effectively, reasonable parties can sit down and mediate their differences before a lawsuit even needs to be filed.

What do I give up by mediation?

Nothing. Mediation is a voluntary process. It should be the goal of parties entering into mediation to try their best to resolve the dispute, but if that is not possible nothing is lost.

Mediations are confidential proceedings. Nothing said during mediation can be used in court, and with extremely rare exceptions mediators cannot be compelled to disclose any information obtained in the mediation process. In the end, if mediation is unsuccessful, the parties are all in the same position they were before the process.

How do I set up a mediation?

If you are represented by counsel, you should discuss the benefits of mediation with your attorney. If you are not, you and the person with whom you have the dispute must both agree to mediate. If you both agree, then the next step is to contact me to discuss how to proceed.