One of the primary reasons that people choose mediation over litigation is that the process is much quicker. Mediation is a scheduled conference, which may last 1 or 2 days and is quicker than going to trial, which can take days perhaps weeks to conclude. In addition, the pre-trial process can take up to a year or more – long before your case is even heard.
Mediation takes much less time than litigation, in part because you don’t have to wait for court dates or hearings. Your mediator will receive your request for mediation and schedule your mediation right away, in the short-term, typically within a month’s time. This is dependent upon coordinating your schedule, your attorney’s schedule (if you retain counsel) and the mediators schedule versus all of the above plus trial schedules, discovery phase, trial preparation, and actual court date availability.
In addition, when you are in the process of mediation, both parties are ultimately participating to come up with a solution to the problem. Both parties are prepared to negotiate to find that solution. An experienced mediator knows how to listen and facilitate negotiating a settlement that both parties are comfortable with.
Mediators are trained to work with difficult situations, acting as a neutral and guiding the parties through the process which in turn, broadens the range of possible solutions. The mediator has no emotional ties to the case and can offer non-biased, third-party suggestions toward resolution. The result is that you are able to resolve your dispute and get on with your life!
