The Benefits Of Mediation

WHAT IS MEDIATION?

Mediation is a cost-effective and confidential alternative to the traditional legal process, which is usually lengthy, expensive and stressful.

Mediation is an alternative dispute resolution process “in which an impartial third-party neutral mediator facilitates communication between disputing parties for the purpose of assisting them in reaching a mutually acceptable agreement.”

A mediator plays a key role in facilitating these communications and creating a calm, non-adversarial atmosphere for the disputing parties to talk openly with the ultimate goal of settling the dispute or disputes outside of the courtroom.

But it’s important to know that the mediator does not — and cannot — decide the outcome of the case. The mediator is simply there to assist the disputing parties without judgement.

HOW DOES MEDIATION WORK?

In New Jersey, mediation is an essential part of the justice system. It is often a voluntary process, though there are times when the court will order disputing parties to take part in mediation.

Regardless of how you end up in mediation, the process is straight-forward. A neutral third-party mediator is either appointed by the court or agreed on by the disputing parties. Then, at the mediation session, the mediator sets any rules he or she has for the meeting and allows each side and their attorneys (although legal representation isn’t necessary) to present their point of view. Then, the mediator will look for ways to bring the parties closer to a resolution, focusing on areas where they may be able to agree, compromise or even concede on some points, to reach an agreement that is acceptable to all. If, however, an agreement cannot be reached, nothing said at the mediation can be used in court.

WHAT ARE THE BENEFITS OF MEDIATION?

There are several benefits of mediation. One of the most important benefits is confidentiality. Under New Jersey law, guidelines for mediation include the protection of privileged and confidential information disclosed during mediation. All mediation communications are privileged and confidential – unless both parties agree to its disclosure. Otherwise, they cannot later be used in court — or disclose to others, verbally, on social media, or otherwise.

Another benefit of mediation is that it is cost-effective. A few hours of a mediator’s time is almost always less expensive than the long and often difficult process of preparing for a trial. Mediation is also a faster option for resolving disputes. Cases in New Jersey, except for claims of $20,000 of less, can take 2-3 years to conclusion. The low cost of mediation is particularly beneficial in cases where the cost and time to litigate the case can be more than the monetary value of the case.

Mediation is also less formal than the traditional legal process allowing for a more relaxed feel which can reduce stress and anxiety that is often present in the traditional legal process.

Another benefit is that “the outcome can be tailored to meet the unique needs of the case and the particular parties.” Recognizing that all parties and cases are different, mediation is much more flexible than the traditional legal process, mediation allows for creativity in putting together an agreement that will be acceptable to both sides.

Finally, mediation allows parties to have control over the outcome. Unlike in the traditional legal process where a party’s fate is determined by either a judge or jury, in mediation, the parties’ control how the dispute is concluded.

According to a partner at the Kates Nussman law firm: “I am both an advocate and a certified mediator. I’ve learned over my many years of practice that the biggest cost of litigation is the emotional toll it takes, because of the stress of the preparation, about being questioned under oath and the uncertainty of the outcome. The truth is that 90% plus of cases that are filed in court are settled, even “on the courthouse steps. The sooner that happens, the less the cost.”

IS MEDIATION RIGHT FOR YOU?

As you can see there are many benefits to mediation, but is it right for you? According to the New Jersey Judiciary, mediation can be beneficial in a wide range of cases, but it does tend to be particularly successful in civil, commercial, construction, environmental, family, probate, general equity, and Law Against Discrimination cases.

You don’t need to file a lawsuit to have mediation. If you and the other side to a dispute agree, a mediator can be hired to attempt to resolve it out-of-court. It might be just what you need to avoid large legal fees and litigation. Talk to an attorney who can properly advise you and give you all the information you need to make an informed decision.

If you are facing a situation that requires legal assistance and/or may benefit from mediation, contact the attorneys at Kates Nussman Ellis Earle & Landolfi LLP.

Kate Knowles Brindle is a third-year law student at the University of Dayton School of Law. A former competitive figure skater, her areas of interest in the law include intellectual property and national security law.