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A BETTER WAY TO
RESOLVE DISPUTES
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Read more
Litigation is expensive. It often takes years. It uses energy the parties could invest in their lives, families, or businesses. The outcomes are hard to predict, even for veteran lawyers. And sometimes, a “win” at trial is still a financial or emotional defeat.
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There is a better way for people and businesses to resolve their disputes, and that way is mediation. Mediation is exponentially faster and cheaper than litigation.
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Most often, mediation results in a settlement in just one session.
In litigation, complete strangers – the judge and jury – decide the outcome. And the relief available to the winner is strictly limited by what the law allows. In mediation, the parties decide the outcome, and they have the freedom to reach creative solutions that are unavailable in litigation.
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In litigation, the parties have to follow the process and rules of the Court, and if the parties disagree, the Judge decides the rules and the process for them.
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In mediation, the parties
control the process.
Litigation is a public affair. In general, when parties take their disputes to court, they give up privacy. The facts are public, and so are teh court’s decisions. Even if the allegations against a party are later proved false, they are still usually on the public court docket for anyone to see. Mediation is confidential, so in mediation, the parties can deal candidly with each other and the mediator, without fear that their discussions will become public knowledge.
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Litigation most often destroys any ongoing relationship between the litigants. A terminated employee who files suit probably can never use the company he or she is suing as a reference. Business partners whose dispute goes to court probably will never do business again and, if they were friends, the litigation will probably destroy their friendship. Mediation gives parties the opportunity to preserve and define their future relationships to the benefit of everyone involved.
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As cases in courts across the country take ever longer and grow ever more costly, parties increasingly rely on mediation as the better alternative.
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