“There is often a number of solutions for any given problem.”
– John Nash, A Beautiful Mind
As often as you may see it in movies and on TV, litigation is considered a last resort between two disputing parties. It’s expensive, time-consuming, and it may not yield the results you need.
Mediation, on the other hand, is when the parties choose a mediator to be a neutral third party to listen to the facts presented by all the parties and come up with creative solutions on how to reach a compromise and resolve the dispute.
Mediation is often more effective than litigation because it removes much of the combative attitude associated with court proceedings, allowing parties to focus on solutions rather than fighting. Other benefits of mediation that you may not be aware of include:
Litigation will cost you a lot of money. A substantial chunk of your savings can be eaten up by attorney and court fees. The cost of mediation is much lower than that of litigation.
Because of the large number of cases before the U.S. courts, there is often a backlog. Even if you set a court date, you might not see the beginning of a resolution for months. Mediation is usually much faster because you and the other party schedule when you want to meet.
During mediation, the mediator suggests solutions, but these decisions are non-binding. It is important to understand, however, that if either party crosses a line stipulated during mediation, litigation may ensue.
Mediation recognizes that there is often more than one way to solve a problem. Solutions can be as creative as anyone can think of. We once mediated a dispute of whether a party deserved to be compensated by a commission. Instead of the solution just involving a payment, the one party agreed to introduce the other party to new customers instead, making it a much more profitable long-term solution than just paying out the one-time commission. You simply can’t get that kind of result in court or arbitration!
Finding ways to cooperate and understand each other is at the forefront of mediation. When both parties have heard each other out, they are more likely to follow the decisions made during mediation than during the adversarial litigation process. Because there is no winner or loser during mediation, only middle ground, it is also more likely for the parties to stay on good terms and preserve personal or business relationships after the dispute.
Our Commitment to You
Mediation has a good chance of success when everyone wants to fix the problem. When anyone wants to fix the blame, or needs to be right, a successful mediation is more challenging but still possible. In either case, a skilled mediator substantially increases the likelihood of agreement.
Richard Hamlin uses his years of experience as a mediator to help both attorneys and parties to achieve better outcomes than either would achieve in court. To request a mediation with Richard Hamlin, reach out to our Mediation Administrator and Scheduler, FairClaims, today. On the “Request Mediation Page” select “Real Estate” as the Practice Area and you will have a choice of mediators, including Richard.