One powerful benefit of Mediation is that the Parties have more control over the outcome of their dispute and can come up with creative solutions that even a jury or judge cannot provide. For example, a terminated employee can negotiate a job reference as part of the resolution, or the employer can guarantee that the employee does not reapply for a position with the company. The Parties can also agree to not disparage one another and agree to keep the settlement confidential. Mediation saves time and money that the parties would be spending going to court, paying legal and expert fees, and getting prepared for trial.
Why don’t disputes settle at the mediation? The most common reason is that the parties don’t have enough information to evaluate their positions and they need to do some additional discovery before coming back to the negotiation table. Sometimes a necessary party did not participate in the mediation and, therefore, another session needs to occur with all decision makers present. It is not unusual for a party or the insurance representative to learn new information at the mediation which requires them to get additional authority to settle the matter.
Mediation brings closure for people that a court trial may not be able to provide. Not only does closure enhance personal health and well-being, but it can return the feeling of control and of being heard in what is otherwise an emotionally draining experience.