Business disputes, contract issues and even personal injury claims often lead to litigation. People require a judge’s support to resolve the issue. However, alternative dispute resolution systems can help people address injuries, contract issues and business conflicts.
Mediation is one of the most popular alternative dispute resolution options. Why might those trying to resolve a dispute and contemplating litigation choose mediation instead?
1. Less exposure
Details about litigation are generally public record. Other people can request information about court cases, and the local news medium might even pick up stories about business conflicts or major injuries. Mediation is a confidential process, which means that the parties can discuss the matter in a private setting and potentially resolve the matter outside of the public eye.
2. More control
Litigation is often a winner-take-all scenario. The final ruling from the courts either affirms the plaintiff’s claims or exonerates the defendant. In mediation, both parties can make concessions, allowing for a more reasonable and balanced solution. That is especially important in cases where continued cooperation between the parties may be necessary.
3. Faster resolution
Litigation can take months to complete or even longer. Factors, including the volume of pending cases in the local courts and the complexity of the legal dispute, influence the timeline for a civil lawsuit. Mediation can be much faster. The parties could reach an agreement in as little as one session.
It is also worth noting that those who mediate generally do still have the option of litigating if mediation is unsuccessful. Looking into every option, including mediation, can be helpful for business leaders and others considering filing a lawsuit.