• Mediation Works!
In Canada and the United States experience has shown that about 80% of the cases in mediation settle on the first day! An additional 10% settle within a month of the initial mediation session. The result is a low cost, high benefit investment for all involved. Mediation works! Make a commitment to let it work for you.
• Mediation Benefits Lawyers
Mediation is consistent with the goals and economics of a lawyer’s practice. For plaintiff’s counsel, the earlier a case resolves the earlier the plaintiff and plaintiff’s counsel gets compensated. For defense counsel, mediation represents a commitment to take a proactive cost-effective approach to solve the client’s problem. A commitment to mediation is an effective marketing tool. The lawyer is now a “problem-solver” committed to producing cost-effective results through mediation that meet the interests and needs of clients. This represents a competitive advantage in the market and will lead to more files and more clients.
• Mediation Compared with Pre-Trials
In a pre-trial, typically the lawyers informally present their cases to a judge who will try to assist the parties in assessing the strengths and weaknesses of their case. While many cases do settle through pre-trials, one disadvantage is the fact that pre-trials usually occur late in the process shortly before trial and after the parties have invested much of themselves and their resources in positions from which they cannot easily back away. Another disadvantage is that the judge’s “evaluation” of the case often gives leverage to one side and makes that side more intransigent and the other side more skeptical of the process. Instead of moving the litigants toward common ground, the judge’s evaluation may drive the parties farther apart. |
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