There are unlimited reasons you should opt for mediation before considering the litigation process. The advantages are plenteous, and they make the process a good choice. Let us take a critical examination at them.
Unlike mediation, which requires a single person called the mediator, you will need two lawyers in litigation or resolve all negotiations. The latter is more expensive because;
- Mediators charge a lesser hourly rate than lawyers do.
- A lawyer’s rate is hourly because they are to receive payment for how long they have talked and communicated with the other lawyer(s) of the second party.
- Two separate partners will pay their individual lawyers for their time spent in a litigation case. That is double income if compared with mediation that has only demanded a single pay for the same amount of time spent.
- You would agree that litigation takes time because of the approaches and processes. Time may not be effectively used, and this may result in more expensive procedural activities like filing motions and declarations, costly discoveries, realizing unnecessary back and forth in the communication between their respective lawyers. However, mediation is straightforward. The conclusion from the approach can be made to bear the authority of a court order.
The Success Rate of Mediation
Conflict resolution does not always come out victorious. However, this process has a better success rate than litigation. The most important reason is that only one person wins in litigation while both parties win in mediation. Both parties must agree to their negotiations to resolve the matter.
Justice does not guarantee fairness. The difference may be that a lawyer was more convincing than the other. No party knows their fate until the final judgment by the judge. The story is different when trying to reach an agreement – both parties can be in control as they can influence their result.
Possible comebacks by partners
Of course, the goal of reaching an agreement is not to rekindle old love. A mediator has no business with that. He or she is to maintain the necessary high level of focus that will help to achieve a solution. However, life always happens.
It is easier for two partners to reunite and resolve their differences because they choose to settle matters in a friendly way. The energy is different in a litigation process. Definitely, one person is happier with the final judgment than the other person. Hence, there is more hatred for the other party and almost no hope of reconciling later in the future.
Can you opt for mediation having had an attorney ready for litigation? Yes, you can listen to their legal advice but still follow a peaceful agreement. Many attorneys are happier when their clients work alongside a mediator. Although that may be more expensive for the client, the end always justifies the means like the common saying.