So, Why Mediation?

Why Mediation?

You may be asking yourself “Why should I waste time with mediation? Don’t I just need my day in Court?” There is much that can be said about the judicial system and the way it works, or doesn’t. Former Chief Justice of the U.S. Supreme Court Warren E. Burger once said “ We have reached the point where our systems of justice – both state and federal may literally break down before the end of the century”. Thankfully we have not seen a total breakdown of these systems, but the limitations and drawbacks of the existing judicial system are painfully clear. Litigation in any arena is time consuming, financially overwhelming, and rarely as satisfying as litigants had hoped..

The goals of the mediation process is to minimize or eliminate uncertainties, delay any high costs associated with litigation, and to preserve relationships and maintain confidentiality in dispute resolution. 

 Litigation is the Government’s way of handling conflict. Mediation is the individuals way of handling conflict. Litigation does certainly give you your day in court, and it is something you are entitled to, but it is highly structured and your ability to say all that is on your mind can be limited to just the bare essential facts. The decision of the “court,” whether by judge or jury, is based purely on that individual(s) interpretation of the law, and the facts as viewed through their own individual filter.  The decision usually clearly establishes an adversarial relationship (“us against them”) and the opportunity for a “win-lose” outcome.  In many cases, the outcome of litigation can add fuel to an already sour or toxic relationship between parties. Many cases end up back in court long after the “final” hearing because the solution crafted by the judge or the jury just doesn’t work in the long term. If you couple the frustrations of having . The same is true of family law cases, especially those involving minor children.

Mediation, in contrast, strives to allow the parties to maintain their ongoing relationships and to resolve the conflict in a way that provides mutually benefit. The goal of the mediator is not to recommend or make the decision but to assist the disputants in reaching a mutually acceptable settlement that will serve their needs and allow them to have a measure of control in crafting a solution. By allowing the parties to reach their own conclusions (negotiate with each other) while being guided by a trained and skilled facilitator the mediator assists the parties in exercising self-determinative decision making, thus reaching a solution that will last.