Arbitration | Mediation | AAA Arbitration | Advantages and Disadvantages |  Agreement For ADR

What is Mediation?

Mediation is a process where the parties come together in a semi-formal setting (usually the conference room of one of the attorneys) and try to resolve a dispute through a mediator.  The mediation meets with each side, individually, to try to reach an an amicable resolution, with consent of the parties.

What are the advantages?  

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.

An experienced mediator will know best how to characterize your information to the opposing party as to (1) not give up your sensitive information (if the case does not settle at the mediation) and to best enhance the chances of settlement at the mediation.   The parties have to consent to who the mediator will be, so any mediator with a poor reputation will be excluded from consideration by one or both parties.  In Western PA, there is a relatively small pool of potential mediators, so the parties will have a very good idea of whether the candidates for mediator are agreeable.  

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.

Information shared with the mediator is confidential, which is key because ordinarily, anything the client says can be used against him.   This allows each party to speak openly with the mediation (without the opposing party present) to get the mediator’s view of how the case should be resolved.  

Timing
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.

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