THE BENEFITS OF
CERTAINTY OF OUTCOME
When a case is resolved by agreement, the most important people, the litigants or parties decide the outcome for themselves, rather than a stranger. At a trial the Judge will get to know only that snapshot of you that is presented at trial. And even though some trials may last days, there is no way for a Judge to know all the details of a long marriage or of the life of a child, like the parties themselves. If the parties leave the decision making up to a Judge, there no way to predict exactly what the outcome will be. Although skilled and experienced lawyers can advise their clients about case law and their experiences, each case is different, each Judge is different. The only way to truly know what the future holds for parties to litigation is to reach an agreement. That way, they are telling the Court the outcome they want and seeking the Court's approval of the same. With the exception of really exceptional circumstances, agreements between litigants are favored by and approved by the Courts of our state.
COSTS LESS THAN A TRIAL
Trials are expensive. Preparation for trials are sometimes even more expensive. Depositions and other discovery tools take time and the litigants pay their lawyers for each step in the process. Witnesses have to be subpoenaed to come to court. Some expert witnesses charge an hourly fee to appear. Parties have to take time off of work to attend depositions, pre-trial hearings, preparation sessions with their lawyers, and for the days of a trial. So there is the added expense of loss of income throughout the process. All of that expense can be avoided by settling disputes at mediation.
MUCH LESS TIME SPENT ON LITIGATION
The financial burden of litigation can be extensive. But in addition to that, litigants have to spend a lot of their time focusing on the trial of a case. They have to spend time meeting with lawyers, attending depositions, attending pre-trial hearings, and attending the trial to focus on issues that because they are not resolved will most likely be unpleasant. If the parties settle their disputes at mediation, they can utilize the time that would have otherwise been dedicated to trial doing something enjoyable.
MUCH LESS STRESSFUL
Litigation, at any stage, is stressful for the litigants, their friends, and their families. The uncertainty of the unknown, financial expense, time cost, and simply having to relive unpleasant issues regularly is always stressful. Therefore, if litigation can be avoided by resolving disputes through mediation, all of those stress points are eliminated.