Benefits of Mediation

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses and waste of time.”  — Abraham Lincoln

Mediation is a discussion, facilitated by a trained mediator, between adverse parties about the resolution of their dispute. It provides an alternative to litigation. It is a voluntary, confidential process in which all parties to the dispute meet with the neutral third party with the objective of reaching a mutually satisfactory resolution. The process requires compromise from both sides to achieve a resolution, but the parties maintain full control over the decisions regarding their compromise and the ultimate resolution reached.

The benefits of mediation over litigation or arbitration are numerous:

  • The parties remain in control of the process and are not subject to the decision of a judge or jury, which at least one of the parties will perceive to be unfair.
  • Mediation is problem-solving, not truth seeking. It focuses on the parties’ needs and seeks to find solutions that best suit the parties’ needs and interests.
  • The mediator is not a trier of fact or adjudicator of the dispute but rather assists in the process and dialogue of resolution. There is no risk that the mediator will make some sort of adverse finding that will bind either party. The mediation process offers parties the opportunity to be heard, without an ultimate finding being made for or against the party.
  • Because it is a voluntary process, either party can terminate the mediation at any time without adverse consequences to their ultimate position in the case.
  • A mediated resolution avoids the costs of litigation, including discovery, motions, and trial.
  • In addition to monetary costs, mediation can also put an end to the traumatic and destructive consequences of litigation and the ongoing emotional costs of fighting.
  • Mediation can result in an immediate resolution, which is significantly faster than awaiting a trial in court.
  • The mediation process is confidential, allowing the parties to keep the issues private rather than becoming part of a public court proceeding.
  • Because mediation is voluntary, the final resolution must be satisfactory to all parties and is not a “winner takes all” outcome.

The dialogue and dance of mediation enables the parties either to separate in a respectful fashion or to redefine their continuing relationship.

Contact

Kathy Bazoian Phelps

1999 Ave. of the Stars, Ste. 1100, Los Angeles, CA 90067

kphelps@diamondmccarthy.com

+1 (424) 278-2330

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