What Are the Advantages of Mediation?
Oct. 4, 2023
When we think of any legal process, we also usually think of that process happening in a courtroom. While it is true that many civil and criminal issues are often litigated in court, going to court is not the only solution when you have a legal problem. Mediation can often help you solve the problem more quickly, easily, and cheaply than you would have if you had taken the issue to court.
If you have a legal issue that you think could be best solved through mediation, call Attorney DeWoskin at Joseph A. DeWoskin, P.C. in Kansas City, Kansas. Attorney DeWoskin is ready to talk over your options for conflict resolution methods outside of the courtroom and will support you throughout the entire process, helping you work toward the best possible solution to your dispute.
The Mediation Process
Mediation is a type of Alternative Dispute Resolution (ADR), or method of conflict resolution between parties that does not necessitate a legal trial. Mediation is useful for many situations such as divorce, contract disputes, and any other conflict that that could be arbitrated in civil court.
During mediation, a neutral third party (a professional mediator with no vested interest in the ultimate terms of the settlement) and the other parties involved will meet and discuss the dispute. The mediator is present in order to make the process run smoothly; they will work to keep emotions in check, objectively listen to both parties, and suggest avenues of negotiation for solving the dispute.
Mediation is similar to arbitration in that a neutral third party (the arbitrator) will facilitate discussion between the parties involved, but—unlike in mediation—the arbitrator will have the last word on how the matter will be settled.
Advantages of Mediation
Mediation offers a multifaceted approach to conflict resolution. From preserving valuable business relationships and granting control over the resolution process to delivering faster, cost-effective solutions and ensuring confidentiality, mediation's arsenal of benefits empowers parties to communicate openly and reach peaceful resolutions that transcend legal confines.
Preserving Business Relationships
Unfortunately, business relationships can sour from time to time, but it’s a fairly normal occurrence. Taking someone to court might prematurely end a business relationship that could have eventually been salvaged to the benefit of both parties. If both parties can enter mediation voluntarily and work toward a mutually beneficial solution, it is possible that their business relationship will not only continue but will be made stronger.
Control Over the Process
Both parties will be able to discuss their views directly, unlike during litigation, when only attorneys are allowed to speak. (You may, of course, have an attorney with you during mediation, but your attorney will be there to advise and support you—not to speak for you.) You and the other party are also able to make the final decision on the settlement of the dispute, unlike in arbitration, in which the arbitrator must ultimately decide on a course of action for the parties to take. If both parties know that they are in control of the entire process, they are likely to want to come to a mutually agreeable resolution rather than maintain an adversarial stance.
Faster Resolution and Cost Savings
The wheels of justice turn slowly, but mediation can be completed fairly quickly. Mediation does not require much time to arrange; you can enter mediation within a few days, whereas you could be waiting months for a court date. The costs associated with mediation are also much lower than the legal fees you can incur when you go to court, especially if you don’t have an attorney accompanying you.
Those undergoing mediation sessions enjoy confidentiality. No one involved in mediation can later bring anything said or reviewed during mediation to court as evidence (except in certain situations such as either party committing fraud or engaging in other criminal activity). The mediator cannot be subpoenaed later if the mediation proceeding is not successful and the case goes to court. This encourages honest, open discussion without the risk of later penalties, which may result in a faster resolution.
Mediation is a confidential process that allows both parties to say their piece without having to do so in front of a judge. For this reason, both parties can be direct and open and work to clear up any misunderstandings as they happen. This may open more avenues to negotiation and may result in a settlement that benefits both parties.
Reach a Peaceful Resolution
If you are thinking of trying to solve a dispute through mediation in Kansas, contact Attorney Joseph DeWoskin, serving Kansas City, Kansas as well as throughout Wyandotte, Johnson, and Leavenworth Counties in Kansas and Jackson, Cass, Clay, and Platte Counties in Missouri. Attorney Joseph A. DeWoskin is ready to advise on his practice areas, including family law and personal injury, and will discuss the options available to you that will allow you to work toward reaching the best possible outcome for your case. Call Joseph A. DeWoskin, P.C. today.