5 Reasons Why It’s Better to Mediate Your Claim Than Going to Court

When something goes wrong in a business or personal partnership, many people think that if it gets bad enough, the next step is to hire a lawyer and go to court (like so many courtroom dramas on TV). Realistically though, with a long list of cases backlogging courts, mediation might be a faster and more efficient means of dispute resolution. In mediation, a trained and impartial third party helps individuals reach a mutually agreeable settlement. But what other advantages are there?

  1. It’s faster. Typically, mediation takes anywhere from several hours, to several days or months, depending on the complexity of your situation. Litigation on the other hand could take months to years for a resolution of the same situation.
  2. It’s less expensive. Employing a mediator usually costs less than employing a lawyer even though many lawyers are also mediators. Plus, since mediation is less prolonged than going to court, you spend less money on professional services.
  3. Mediation is completely confidential. When you go to mediation, the only ones that will be present are you, the other party, your respective legal counsel, and the mediator. Nothing that you say is recorded, and everything said in mediation is private. Additionally, any evidence introduced during mediation cannot be used later or revealed if the dispute does end up in court anyway. Depending on your circumstances, this might be a substantial benefit over litigation.
  4. The results are better. In mediation, the parties work with the mediator to come to an agreement about the settlement. Because the settlement is a collaborative process that occurs over a shorter period of time, it is more likely that both sides of the settlement will feel more satisfied in a compromise. Since both parties created the settlement, both sides are more likely to comply with what they agreed upon.
  5. You could save a relationship. No matter the reason for your mediation, if you can work through your issues and come to a mutually beneficial agreement with the other party, you might be able to salvage your relationship. With litigation, the stress of the situation compounded with the length of time that it takes to reach a settlement makes it less likely that you will be able to walk out of that situation with a workable relationship intact.

Finding a Mediator for You

The best mediators will be patient and good listeners. They will have excellent communication skills and the ability to accurately rephrase someone else’s thoughts so that it’s easier for everyone to understand. The mediator is essential for keeping the lines of communication open and guiding the process along so that it keeps moving forward. In addition, you’ll want to find a mediator who has experience and knowledge in the area of the law that you have a dispute in. For example, for a family law matter, you wouldn’t go to a mediator that has most of their experience in construction law.

To find a mediator or litigator experienced in the areas of California trusts and estates, fiduciary services, property and trust management, and real estate law, contact the law firm of Kevin Forrester. We look forward to quickly helping you reach an agreement. To schedule a consultation, please call 760.932.0999 or reach out via our digital contact form today.

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