There’s little doubt that we live in a society where lawsuits have become a rather routine part of everyday life. While most of us may not have ever been involved in a lawsuit, we all have become aware that a suit can be filed against almost anyone for practically any reason. More specifically, whenever we feel as though we have been the victim of some type of injustice, we often think the proper way to address these wrongs is to take legal action through litigation. The popularity of such action is supported by the fact that the United States accounts for roughly 5% of the worlds’ population and 75% of the worlds’ lawyers. To further highlight this point, in 2003, there were over a million legal cases filed in the State of Georgia alone.
Knowing this, why would someone choose mediation over filing a lawsuit and heading to court? While most of us do not automatically think about mediation when we’ve been wronged, there are many benefits of choosing to mediate a case.
Some of the benefits of mediation include:
Confidentiality. Whenever a lawsuit is filed, the matters pertaining to that case become open to the public. For the individuals involved in the case, this means that all of the “dirty laundry” that will come out in the trial process will be open to the public. On the other hand, all matters discussed in mediation will remain confidential – which means that nothing will become part of public record that is open to others, such as friends, family, coworkers, etc.
Empowerment. When a case goes to court, it is often the judge or jury who decides the ultimate outcome. In a vast majority of these instances, neither the plaintiff or the defendant is in control of or are completely happy with the outcome. In other words, in court, the parties in dispute have 0% control of what happens to the case. Through the process of mediation, both parties are empowered to work together to reach an agreement that they have 100%, complete control over. As a result, they are more satisfied with the agreement reached in mediation.
Greater adherence to the agreement. Let’s be honest, we all know people who have gone to court only to deliberately ignore the orders of the judge after the case was decided. Most of this stems from the all-too-often fact that both disputants are rarely satisfied with the judge’s decision. In mediation, since both parties are empowered and are able to draft their own agreement, each person will be more apt to abide by the agreed upon resolution.
Win-Win. When a case goes to court, there will always be a “winner” and a “loser”, even if neither party is completely happy with the ruling. Too often, we all are led to believe that in any argument, there must be a “winner” and a “loser”. This mindset frequently hinders any type of peaceful resolution. In mediation, since both parties work together to reach a mutually agreed upon resolution, each person walks away as a “winner”.
Quicker resolution. We all know that time is valuable. This is even more true when we feel as though we have been wronged by someone else – we want a quick solution or fix to the problem. While many of us may have never been a party to a legal suit, we all are aware that the process of taking a case to court is anything but quick. In fact, taking a case to court will normally take months to resolve, if not years. Alternatively, a mediated case can generally be resolved in a fraction of that time. Depending on the type of case being mediated, an agreement can often be reached in a matter of hours or, at worst, within a few weeks if multiple mediation sessions are needed. In addition, for individuals who go through mediation, approximately 80% reach an agreement. By resolving cases quicker, mediation allows the disputants to more quickly move forward with their lives.
Less costly. It’s no surprise that lawsuits can be costly – not only for the person deemed to be at fault but also for the one initiating the case. First, one has to hire an attorney to represent them and to file the legal paperwork. Then, if the case proceeds to trial, the individual has to meet with his/her attorney to prepare for the hearing. As a general rule of thumb, for each day in court, the attorney will spend two additional days out of court with his/her client preparing for the court hearing. For a relatively short civil case with a jury trial, this may mean 3 days of hearings (including jury selection) combined with 6 days outside of court preparing for the hearing with an attorney (9 total days). When simply calculating the hourly fees of the attorney, one can easily end up paying several thousand dollars for a rather simple civil case. Mediation, on the other hand, costs a fraction of what one would normally pay to go to court. This is due to two main factors. One, individuals can choose whether or not they want an attorney to be present or represent them during the mediation hearing. In other words, it’s not uncommon for individuals to seek mediation without having an attorney. Secondly, the hourly fee of the mediator is split between the disputing parties.
It’s Your Choice
If you feel as though you’ve been wronged, it’s ultimately your decision as to whether you want to take the case before a judge or whether you think mediation may be the better option. In some cases, like divorce, the judge will often order mediation prior to the matter being brought before the court.
If you and/or your spouse are considering a divorce, the Center for Dispute Resolution is here to assist both of you. We specialize in marital mediation, which is better known as mediation to remain married, pro se divorce, and divorce cases where at least one party is suffering from a terminal or life threatening illness of disability. If you want your divorce to be as stress-free as possible or if you would like to salvage your marriage, contact the Center for Dispute Resolution to find out how we can help. Or feel free to complete the new client form in order to start the process of regaining peace and balance in your life.
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