Alternative Dispute Resolution - Mediation

What is Mediation

Mediation is where parties come together and discuss their cases with a third party known as the mediator. Ideally the mediator is neutral. The goal is to get the parties to agree on a resolution.

Hopefully, the parties eventually come to an agreement. Sometimes the parties will come back together to memorialize it, but they may not. And the mediator may draft some language up so the parties can sign. This will depend on the mediator and the parties.

When do you Mediate, Who pays for it, and How much does it cost?

Usually, the parties split the cost of mediation. Sometimes a Court will order it and it might be paid for under a local alternative dispute resolution service. In Federal Court, we have had Magistrate judges that will do the mediation. These would obviously be ones not assigned to our case. These are also free, at least for the cost of the mediator.

Success rate

Maybe not surprisingly, the mediations that were not free have been the most effective. I can think of only one time I was truly disappointed in a mediation.

Why would I mediate and when should I do it?

Litigation often takes years to fully resolve if there is no settlement. We have had quite a bit of luck once both parties appreciate the position they are in as far as winning versus losing.

Consumer Pro Tip

My Consumer tip for this week is to stop paying people for taking advantage of you. We have to stop rewarding these big businesses that are taking advantage of us and usually their employees as well.

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WHAT IS NEXT….

In the next episode we will talk about another alternative dispute resolution option - Arbitration.