Why Choose Mediation?

January 12, 2009
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In my mediation practice here in the State of Maryland, I assist people (also referred to as "parties") who are having a dispute . People often choose mediation in order to arrive at a fair, practical, and final agreement in the most affordable way possible.

Mediation is voluntary. Should you try mediation and not like it, you may still litigate and go to court. Mediation is fair, confidential, and allows the parties to maintain their dignity. Parties in dispute may be, or have been, in a relationship, such as friends, domestic partners, spouses, ex-spouses, business associates, neighbors, employers, employees, or members of an organization, to name a few. The mediation process assists parties to resolve disputes as well as maintain or repair relationships.

702560_broken_relationship_2.jpgMediation is less expensive than litigation. The parties usually split the hourly fee of the mediator. In the alternative, if the parties choose to hire attorneys and sue each other, the parties each pay attorney fees.

In addition to hourly attorney fees, parties who litigate pay a retainer to an attorney. The retainer is a deposit, or down payment, for services to be rendered by the attorney. There are additional costs associated with litigation, including, but not limited to, court costs, and service of process. Mediation does not require the payment of retainers, and the costs associated with litigation.

Mediation allows the parties to resolve a dispute more quickly than litigation. The parties rather than a judge decide the terms of agreement that work for them.

Left to the stranger in a black robe, there will be a winner and a loser when the parties pursue litigation. Unlike a judge, a mediator does not decide which party wins or loses. Mediation allows the parties to control the outcome of their dispute and find a win - win solution.

A mediation session can be scheduled promptly, whereas parties may wait months to get into a court of law.

While waiting months to get into court, existing relationships between parties may be strained to the breaking point. Mediation provides the parties with the tools to maintain existing relationships.

Mediation also provides the parties the opportunity to have the terms of their settlement drafted into an Agreement by the mediator. Once signed by the parties, a mediated Agreement is binding.