Benefits of Mediation

If you aren’t a lawyer, the thought of a lawsuit most likely conjures images of a jury trial, which is an understandably daunting and perhaps even terrifying idea to many people. In reality, however, the vast majority of cases settle without ever going to trial. There are many tools that attorneys can use to help you come to a satisfactory conclusion of your case, but mediation is one of the most effective. Mediation is required in certain types of cases, most notably family cases involving minor children, but it can be a useful tool in most any type of case. The benefits of choosing mediation before going to trial are numerous. Here are six benefits to consider:

Client control over the outcome—When you go to mediation, you are in control of the outcome, rather than a judge or jury. You, along with your attorney, guide the mediation in the interests of obtaining the most satisfactory result for you. Hopefully, you will be able to reach a settlement in mediation, but if at any point it seems like the other party isn’t willing to negotiate fairly, you can walk away. In short, you have complete control over a mediation, which is certainly not the case in a trial.

Cost containment—Trials are very expensive no matter whether the case is being decided by a judge or by a jury. It takes a great deal of time and energy to prepare for trial, which means more legal fees that you will have to pay. Mediation takes place much earlier in the process, which can save you a lot of money.

Certainty of outcome—Even the best attorney can’t always predict what will happen if a case ends up going to trial. Judges and jurors are human, so they sometimes make decisions that are completely unexpected, which can be devastating if you are expecting to win your case, but things turn out differently. If you choose to pursue mediation, you can be certain of the outcome of the case because you are in control.

Confidentiality—Everything that happens in mediation is entirely confidential. The only people who will know what was discussed in the mediation are the parties, their attorneys, and the mediator. The attorneys and the mediator are actually bound by ethical rules not to discuss the things that happen during mediation. Trials are generally open to the public, so you have no way of knowing exactly who could hear your story. Plus, if you have a jury trial, there are at least six to eight additional people who will definitely hear everything about the case. If you are at all worried about confidentiality in your case, mediation is a much better option than trial.

Creativity of solutions—In mediation the mediator can frequently help the parties and their attorneys come to a creative solution that can give everyone a more satisfactory outcome than they could have achieved otherwise. A court generally has to follow certain rules on sentencing, or the award of damages, or the division of property, or parental time, etc. and doesn’t have the flexibility to do things creatively. This can lead to one or both parties’ feeling like their interests weren’t really considered and could even leave the “winning” party feeling like the outcome wasn’t really what they wanted. Mediation is far superior in this regard.

Closure—Because mediation takes place earlier in the process than a trial would, you have the relief of knowing the outcome of your case and knowing that your case is over in some cases years sooner than you would if you went to trial. Trials, and the time leading up to them, is very stressful for most people, so the possibility of reaching a conclusion so much faster and in a less stressful manner is a huge benefit of going to mediation.

If any of these benefits seem desirable to you, contact an experienced Provo Family Law Attorneys at Howard, Lewis & Petersen, P.C. who can help you explore whether mediation could be beneficial in your case.

Post created by Amber Tarbox of Howard, Lewis & Petersen.