Chris and James Welsh of Welsh & Welsh
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What Are the Pros and Cons of Mediation?

Published on Apr 30, 2019 at 9:50 am in Personal Injury.

When you have a legal dispute with someone, you may think that the only option is to take them to court in the traditional sense of having a trial, judge, and jury. However, that isn’t your only option. Mediation is an alternative route you can take to litigation. But it’s important to know that there are cases that would benefit from this course and those that wouldn’t. If you’re wondering if this option would help you, the lawyers at Welsh & Welsh PC, LLO can help you find an answer.

Our attorneys in Omaha have provided help to people going to trial and mediation. We understand the differences and will explain them to you thoroughly so you have a clear idea of what the process will be like. Mediation can be extremely helpful in some cases, but can also be a risk. Let’s look at the pros and cons of mediation.

Mediation Advantages

The first advantage of mediation is that there isn’t a judge or jury to decide the dispute. The power rests solely with the parties involved. They relay their side of the story to a neutral party, who can then give their evaluation of the case. This can help both sides see where the other is coming from, and maybe persuade someone to realize that they were in the wrong.

There isn’t a winning and losing scenario that is typical with trials. Both parties work together to settle the dispute. One major reason mediation is a favorable option is because it’s faster and less expensive. It doesn’t run by the court’s schedule and mediation can be set up when the parties are all available. Also, you can save money because going through the courts can incur many expenses that you may not have known about when you decide to take the litigation route.

The parties also have a considerable amount of power because they need to make the agreement to end the dispute. If a party doesn’t think the settlement is fair, then they can say they want to look at everything again.

You can ask your lawyer what they think and if mediation is a viable option for you. But you should be aware that mediation can come with a few drawbacks. Your attorney will also explain these in detail to you as well.

Mediation Disadvantages

However, what makes mediation such a great option for some could make it a nuisance for others. For example, mediation only works when both parties are willing to work together. If one party is being obstinate and refuses to cooperate, they can derail the entire process.

There’s also the lack of protection that the federal and state courts provide. If the parties do not have equal footing in terms of access to resources, one party could have a considerable advantage over the other. Mediation doesn’t have a discovery process, either. If one party needs information from the other, there isn’t a way to get that information. The other party has to offer it themselves. Once again, this shows that unless the parties involved are willing to work together, the mediation process can be derailed quickly.

If the parties cannot cooperate, they may not save the time and money they were hoping to save by going though mediation. After a while, the costs of having these meetings and taking time to go over the dispute and not reach an agreement will take its toll.

One interesting drawback of mediation that you may not have considered is that mediation can’t set legal precedents. This usually happens in higher courts when they make a ruling that has impact on societal issues—workplace discrimination could be an example. However, when the case is resolved through mediation, there isn’t a way to have that affect future cases on a broader scope.

As you can see, many of the aspects that makes mediation favorable to some people could make it disastrous for others. This is why it’s so important to speak with an attorney.

Let Welsh & Welsh PC, LLO Represent You

Any time you’re in a dispute with someone, it can be overwhelming because you want to settle the matter but you don’t know how. Certain routes can take a considerable amount of time and money, and you probably just want to put the mater behind you. Welsh & Welsh PC, LLO understands this and will provide you with the help you need. Get in touch with us today to schedule a free consultation.