What advantages are specific to mediation?- Party Self-Determination and Client Satisfaction: The parties help to fashion and ultimately agree upon a resolution. Parties avoid the risk of an unpredictable jury, judge, or arbitrator. The inherent “buy-in” generates solutions that parties will respect.
- Mediation is Cost and Time Efficient: Focus on critical issues results in cost savings from appropriate case management of depositions, expert reports, and avoiding voluminous e-discovery. Parties avoid protracted delays from an overburdened court calendar and repeated business interruption from an inflexible judiciary.
- Customization of Process. One size does not fit all. N. Janine Dickey works with counsel to uniquely tailor the mediation process for optimal results. Consideration is given to: the substantive nature of the dispute; complexity of issues; amount in controversy; needs of the parties and requests of counsel.
- Creative Win-Win Solutions. Identifying underlying interests and future consequences facilitates the creation of resolution options which may actually expand the proverbial “pie” for a Win-Win solution.
What types of cases are appropriate for mediation? “[Mediation] cuts across almost every type of dispute or transaction that a lawyer may encounter in practice.” Frankel & Stark, The Practice of Mediation (Aspen Publishers 2008). When is the optimal time to mediate? The optimal time is very case (and client) specific. Is earlier better?Earlier is often better as: - Costs increase as a case progresses
- Parties become more entrenched
- Experts tend to pump up expectation
However: - Facts must be sufficiently developed
- Legal merits must be understood
- Insurance coverage and carrier issues must be considered
Is mediation appropriate for complex disputes?Mediation is ideal for most complex disputes. The mediator can play a “discovery master” role for appropriate discovery exchange. The flexibility of the mediation process accommodates multi-party cases with cross-interests and claims. Freed from procedural, statutory and remedial award constraints, creative solutions to complex problems can be fashioned. |