Once a lawsuit has been initiated, there are many reasons why parties should seek mediation as an alternative to trial. A mediated settlement has several advantages over litigation, including:
When mediation is successful, the entire case is ended in a single day. The parties will have resolved their differences once and for all. The resolution of the case will be set out in a set of documents leaving nothing to be argued for the future. Mediating before trial can also help parties avoid high litigation costs associated with depositions, discovery, pretrial motions, expert witness fees, and trial preparation. Since the parties agree to a solution, no one feels short changed or has the need to appeal.
The remedies available to parties in court are restricted to those the legislature and appellate courts have approved. Mediation allows parties to settle their disputes with remedies that might not be available at the courthouse, including modification of contracts, restructuring of a company, long-term payment plans, and many others.
When a case goes to trial, generally all facts about the case, all testimony, and the outcome is public information. Mediation is held in private and is confidential. Disclosure of what happens at a mediation is controlled by the parties to the mediation. Unlike a court proceeding mediation records are not open to public review.
When parties elect to mediate a case, typically the case is decided in a single day of the parties’ choosing. Trials are held at the convenience of the court and typically last several days. Although a court may order mediation to take place by a certain date, the parties are free to schedule the actual mediation date and time to fit their own calendars.
As a trial lawyer with years of experience on both sides of the table, Matías J. Adrogué knows what it takes to resolve even the most heated disputes. Contact our office today to schedule your mediation session.
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