what are the benefits of using a mediator??

Question

Help my case has gone to mediation is this a good thing?? and what are the benefits???

Answer 1

Mediation allows the parties to talk, confidentially (in most states), with a neutral (the mediator) to help smooth things along.

The goal of mediation is to help the parties try to reach a mutally acceptable settlement, in an atmosphere where they don't have to try to prove anything to anyone else. The mediator is not a judge, and makes no decisions about who is right.

The mediator just keeps the conversation on track, and helps the parties to try and come up with a compromise settlement that both are willing to accept -- and many times, those settlment argeements are things that neither party would have ever been awarded in court.

Mediation is non-binding, meaning there is no requirement that the parties reach any agreement. But it also allows them one more try to resolve the dispute, with professional guidance and a calm head in the middle.

Answer 2

Mediation can be a good thing, but only if both sides approach it with an open mind. The benefits are that mediation:

1. Gives the sides the benefit of an objective outsider's view of their respective cases.
2. Is much cheaper and usually quicker than full litigation.

The downside is that if one party isn't really interested in settling, it's a waste of time and money.

Also, you have to be very careful as to who the mediator is. If it's someone with limited experience, you can get a bizarre result or one that's unacceptable to one side or the other.

If both parties are approaching mediation the right way and the mediator is good, it can lead to a fair resolution of a civil dispute in relatively short order. It doesn't always happen... and usually mediation is not binding, so if both sides can't live with the mediator's decision or suggestion, then you're back to litigation.