Al Tetrault

When To Use Mediation

This is an overview of the advantages, useful to parties unfamiliar with mediation

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Mediation is an unnatural act

An alternative to traditional civil litigation Conflict resolution through negotiation …

Strong and negative biological bias• Historically, fight to resolve dispute• Duels prevalent until the 20th Century• War is the highest manifestation of group dispute resolution

Conflict resolution through negotiation … Submit disputes to religious hierarchy

Conflict resolution through negotiation … Submit disputes to secular judiciary

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Mediation Advantages …

Parties control the outcome Self-determination of any agreement

Compare to having strangers (judge and/or jury) evaluate and render judgment and damages

Maintain confidentiality Litigation is a part of public record Confidentiality can be part of any agreement in mediation

Preserve relationships Ongoing family or business contact Mediation limits hostility No winners in litigation

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Mediation Advantages …

Court Ordered Mediation Courts often require mediation before setting trial

date Pre-trial mediation can help attorneys evaluate their

trial strategy and strength of claims Understand opponent’s legal arguments Validate their discovery requirements

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Mediation Advantages …

Economics Mediation is faster than litigation, reducing legal costs Mediation requires little or no discovery, reducing legal

costs Mediation requires less preparation, reducing legal costs Mediation is less formal than traditional court processes,

reducing legal costs Mediation retains the litigation option, if no agreement is

reached …

MEDIATION IS LESS COSTLY THAN LITIGATION