As a litigation law firm we recognize the chief weakness in using lawsuits as a tool to resolve a clients' important legal matters—a third party imposes the result. Whether a case is decided by a wise jurist or a jury of one's peers, the decision is made by someone who is necessarily less well informed about the dispute than the parties themselves. Litigation is like a triangle with the decision point at the top and the parties at the lower two points, leaving them subjugated recipients.
Mediation turns this paradigm on its head; it is an upside down triangle with the parties at the top two points dictating the decision point below. Immediate resolution is typically far more nuanced and mindful of not only the parties self-directed goals, tangible and intangible alike, but also their prioritized goals within those goals. The vast majority of civil disputes settle out of court. Early settlement efforts may be the most valuable. Before the parties invest substantial time and resources on litigation, these same resources can be more productively dedicated to a mutually beneficial settlement. But even settlement on the eve of trial has enormous benefits, it frees the parties from a potentially long and costly trial process or even years of appeal. It also provides the potential for a viable and workable resolution, rather than the risk of an “all or nothing” outcome decided by a jury. Not surprisingly, mediation is also helpful in large complex matters with multiple moving pieces that can be difficult to present at trial.
Mediation allows the parties to learn about one another's views of the case in a safe and structured setting, facilitated by trained neutrals. In this structure, settlement and resolution is entirely voluntary and is only entered into by the parties if it achieves their goals and aims. For years we have increasingly employed mediation as a tool for our clients as appropriate.
Now we’ve taken the next step to becoming trained neutrals ourselves, progressively assisting the parties to find common ground by employing various methodologies. Through a series of conferences together and apart, we strive to make sure the parties are heard and understood, giving them the time, space and forum to creatively craft a resolution tailored to their needs in our comfortable and accommodating mediation suite. Agreements may also be reduced to writing and signed before the sessions finally conclude.
To learn more about this alternative method of obtaining an appropriate, expedited, and less expensive resolution of your clients' disputes, view our Neutral Mediation Group website.