By David Baron
While litigation involves leaving the decision, of who is right, to the court, mediation allows the conflicting parties to come to an agreement, creating a win-win situation. Mediation is usually less stressful as both parties are assured that the mediator will come with a solution to benefit them both equally. This is unlike in litigation where the outcome is only win- lose or lose-lose. Additionally, mediation saves both parties time and money.
Characteristics of Mediation
Both parties have to voluntarily agree to a mediation. And, if they like, they can withdraw at any point.
Anything discussed during the mediation sessions must remain private and confidential, unless it was out rightly discussed in the mediation that issues can be discussed with other parties. That is why parties have to sign a confidentiality form in the first place.
A mediation is neutral. The mediator has to be one with no interest in one of the parties. In mediation, the two conflicting parties have total control of results achieved.
Where Mediation Might Fail
The first instance where mediation might fail is where one or both parties are unwilling to be totally honest and disclose any information relevant to the case. In this case, litigation might be the only way.
It might not be the most appropriate when it comes to settling domestic violence issues. Unless the mediator understands fully matters of domestic violence, mediation will fail.
Mediation will help you avoid the hassle of battling in court, wasting a lot of time and money in the process. Besides, parties do not even have to be physically present as mediation can be done virtually. Additionally, mediation provides parties with the flexibility of utilizing friends, family members, or a Coachella Valley litigation attorney during the sessions, to generate ideas.