Arbitration | MediationAAA Arbitration Advantages and Disadvantages |  Agreement For ADR

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This can be an excellent way to resolve a dispute so  long as the parties can agree to resolve the case  within certain parameters. Otherwise, mediation may  not be effective at all.

For example, if the case involves a breach of  contract matter where the Plaintiff seeks 1,000,000  and the defendant is firm at offering zero. Then, a  mediation may be a total waste of time. But if the  parties can agree preliminarily that the case should  settle within a certain range, then the parties could  get great benefit from spending a half day or full day  in mediation to hammer out an agreement in front of  a trained professional mediator.

The Procedure.
It all works basically the same way. Each side  presents their case to a mediator that the parties  agree upon. When one party is talking to mediator,  the other party is not present, so that the  confidentiality is maintained in the event that  settlement breaks down, for example. Plus, by talking  to the mediator without your counsel present only  (with the other side waiting in the hallway until it is  their turn), there is no risk of saying something that  will offend the other side and halt negotiations. The  mediator can filter your comments and present the  same to the other side in a neutral manner designed  to provoke some kind of positive response.

The parties can agree to mediate their dispute any  stage of litigation or before any litigation is  commenced. In federal court, mediation is mandatory.  In state court, it is not.

Free Consultation.
Our Pittsburgh attorneys offer a free and confidential  consultation about all the particular advantages and  disadvantages in any given case.