• Jacqueline Zwiebel

Mediation as an alternative to costly litigation

Mediation is a much more complex and refined process than it may initially appear. Mediation puts a primary priority on the party as decision maker. It is tailored to address the fears, expectations and emotions of a party.In mediation, parties are exposed to the important facts of the case and assess risks and rewards without those facts being filtered through the sway of an advocate attorney.

Through mediation, parties can take part in a confidential conversation. Parties are often unwilling to be forthright to a Judge who may try and ultimately decide what happens in their case.

When a court case reaches Trial to be heard by a Judge, it has already been through a costly litigation process that sometimes takes months or even years.

In mediation, the important facts are accordingly shared between the parties without the need of being questioned on the stand in front of a Judge or Jury by a lawyer.

Mediation can reach settlement at early stages in a dispute, while litigating disputes in court typically do not reach settlement negotiations are not effectively reached until the Trial. At that stage in the case, legal expenses can be a significant hurtle to settlement.

The court process is often restricted in time resources, whereas mediation can be designated to get rid of time restrictions.

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