Resolve Disputes Before Going to Trial: How Mediation Can Help
Litigation is stressful and expensive. What if there was another option?
An option that saves you money, time, and lets you maintain control of your outcome.
An option that…
Actually works.
Mediation is quickly becoming the go-to form of alternative dispute resolution for pretty much any legal services and consultation. From business disputes to personal injury to family law cases, mediation can save you thousands on legal fees and months of waiting. But…
You have no idea it exists.
You don’t know when to use it. Or how to approach it.
That’s why this guide on mediation exists.
What you’ll discover:
- Why Mediation is Better than Going to Court
- The Shocking Price Tag of Going to Court vs. Mediation
- How Mediation Works
- When to Consider Mediation (and when not)
You’ll understand everything about resolving legal conflicts without setting foot in a courtroom.
Why Mediation is Better than Going to Court
Here’s a little secret that most lawyers will not tell you.
Litigation is awful. It takes too long, costs too much money, and you put your future in the hands of someone who literally knows nothing about you.
Would you rather a) negotiate with the other party? Or b) have an old person in black robes dictate your life?
Think about it…
Recent studies done by FINRA show that there is an 87% settlement rate with mediation. Mediation works. More than 8 times out of 10, it will result in a settlement that both parties can agree on. If that doesn’t sway you…
76% of clients who used mediation were happy with the resolution of their legal dispute. But here’s the kicker. ONLY 36% of litigants were satisfied with how quickly their case settled.
You want to spend thousands of dollars and up to two years fighting over your case just to lose?
No thanks. Mediation is the better choice.
The Shocking Price Tag of Going to Court vs. Mediation
But it doesn’t stop there. Litigation is bad for your wallet, too.
Think about how much money you’ll spend on attorney fees if you go to trial. Will you even win?
Take a look:
The average cost to mediate is between $1,500-$5,000. That’s between you and the other party. $750-$2,500 each.
How much do you think you can go to trial for under $20,000-$50,000?
Wait… what?
Of course, your case will cost more. Lawsuits can range from costing you tens of thousands of dollars to millions. But here’s something to consider:
How much will your expert witness cost you per day? $2,000-$5,000+?
What about court fees? Discovery costs?
Did you have to take time off work?
Oh and what about if you lose and have to file an appeal? That will cost extra.
When people think about the cost of going to court, they typically think of how much their attorney will cost them. Next time you’re talking to a lawyer who suggests going to trial, pay attention.
“How much will this deposition cost?”
$1,500-$3,000, depending on how long it takes.
“And we’ll have to pay our expert witness.”
Don’t forget about subpoena costs. And court fees.
How Mediation Works
Mediation is simple. You sit down with a neutral third party and try to resolve your dispute. The mediator doesn’t make any decisions for you. They help both parties communicate and reach a resolution.
Here’s the process:
Both parties agree to mediate and select a mediator. This process alone can help calm tensions because both parties have a say in who the mediator is.
The opening session starts with each side presenting its story. Nobody interrupts during this time. Mediators make sure everyone follows the process.
Then the mediator will carry on with joint sessions and private sessions with each party. Private caucuses are used to identify each party’s interests, brainstorm options, and find common ground.
But the best part about mediation is this…
The solutions are endless. Monetary payouts? Sure. Payment plans? Yes. Apologies? You bet. Future contracts? If both parties can agree than you can put it in your settlement agreement.
Plus, mediation is flexible. Most cases will settle in 1-3 mediations. Some cases take longer than 1 year just to finish discovery in court.
When to Consider Mediation (and when not)
Don’t go into mediation to mediate.
Just like with any legal service and consultation, mediation should only be used when necessary. If you know that the other party is going to litigate you tooth and nail, mediation will be pointless.
Here are some rules to know if you should enter mediation:
- Both parties want to settle the dispute
- You have to continue working together
- Privacy is of concern
- You want to be at the wheel
- You’re short on time
- You need to save money
Business dispute? Mediate. Divorce/custody? Most likely. Contract dispute? Heck yes, you should mediate. These are all situations where you need mediation.
Some may ask, “When should you NOT mediate?”
If the other party is unwilling to compromise. Period. Hopefully, it never comes to this for you. But if you know that the other party will do anything to “win”, it’s time to spend your money and go to court.
The Benefits Your Lawyer Won’t Tell You About
There are many benefits to mediating. Again… almost all of them are better than going to court.
Here are just a few that your lawyer will try to minimize:
Want to keep your dispute private? Mediation is for you. Everything discussed during mediation cannot be used in litigation or told to anyone else. Once a court case is filed, it’s public.
Relationships should also be considered. Litigation is a fight. You’re literally going into battle with another person. If you use mediation, there’s always room for repair.
Here’s one more.
Emotional stress. Going to court takes a serious toll on everyone involved. Think about how stressed you’ll be throughout the process. Anxiety, stress, and emotional trauma are all things you’ll experience during litigation. Mediation can help minimize this.
Need anymore reasons to at least consider mediation? The case is pretty clear.
Final Thoughts – Fight Less With Mediation
Imagine if you could settle every dispute quickly and everyone walked away happy.
Well mediation can help with that.
You can cut right through all the nonsense and sit down with the other party to hash things out.
As you know by now, mediation is faster than litigation. It’s cheaper, and in most cases, the result will be what you want.
Don’t just take this at face value, either. Legal service and consultation professionals agree that mediation can be extremely beneficial. Use it to your advantage and know when you should take your battle to court.
You have alternatives to fighting. Don’t declare war if you don’t have to.
Spending $50k and 2 years fighting your case or $5k and 2 months reaching a solution that benefits everyone?
The choice seems obvious. What about you?
