Pros and Cons for Use of Mediation to Resolve Disputes
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PROS
- Certainty of results, parties involved in decision and can structure practical settlement to their needs; Allows direct communication between the opposing parties; Avoids a win- lose or "all or nothing" decision; Remedies available are much broader than traditional legal remedies;
- Privacy and confidentiality of proceedings and of results;
- Available at an earlier time than traditional litigation; Potential to save time and money;
- Test strengths, theories and strategies of your case; Opportunity to influence how the opposing side views the case;
- Demonstrates a willingness to negotiate; provides the opportunity to demonstrate skills of persuasion and negotiation;
- Preserves or allows continuing relationships between the parties.
- Party can not be compelled to participate, except when ordered by Court;
- Need to establish a legal precedent; or complex procedural issues involved;
- Party with authority to settle is unavailable or unwilling to negotiate;
- May not be cost effective in a particular case;
- An agreement would possibly require court enforcement;
- Client has a standing policy that his/her business does not compromise;
- Opposing counsel is ______.
© 2000 Joyce A. Mitchell & Associates, P.C.
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