Is Mediation Effective?
Absolutely! According to the Southern District of New York Mediation Program, the overall settlement rate of mediation can be as high as 63%. The settlement rate for the SDNY Mediation Program even showed improvement when multiple sessions were used to mediate an issue. For instance, their trademark and ERISA mediation settlement rate increased by 44-50% when more than one mediation session was held. This makes sense because it might take a while to hash out the details of a full resolution.
Mediation can save you money
Mediation is effective because the process can save you money. Mediation costs are influenced by a lot of factors, such as location, case complexity, and the skill level of the mediator. Forbes reports that on average, a mediated divorce can cost between $3,000 and $8,000, with some total costs of mediated divorce totaling between $7,000 to $10,000. Similarly, Forbes points out that divorce costs can vary widely. Divorces that are completed by the parties themselves will only cost the amount to file papers with the court. While the median divorce costs $7,000, complicated divorces can exceed $100,000.
Mediation will save you time
Time might be the biggest savings that mediation provides. Once you are ready to take part in a mediation, the only thing to do is find a time that works for both parties and the mediator. It’s so much more flexible than litigation, which is available when the court is open. Litigation also takes much more time, as it requires you to navigate a court system that is often dealing with a backlog of cases. Unless your matter is uncontested, you’ll also have to deal with filing and response deadlines. Mediation allows you to move on with your life faster. For instance, if you’re bogged down by emotions from a family dispute, the quicker resolution means you can mend relationships faster and let go off the emotional burden you’re carrying around.
Mediation protects your privacy
Mediation provides a forum for private matters to be discussed behind closed doors. Perhaps one of the parties has a debt they are paying off that they don’t want to become public knowledge. This type of matter can be disclosed at mediation without fear of it becoming public. You can also throw out creative ideas to resolve the case without worrying that you’ll be tied to anything. In court, you might have to file paperwork such a complaint, a motion, or an affidavit. These could become public records. With mediation, there is no transcript or record of what was discussed. No one at the mediation is allowed to speak about what happened or what was discussed.
Mediation allows you to control the resolution of your conflict
Litigation involves filing documents to make arguments and providing evidence to support those arguments. The matter will be legally analyzed by a judge, and he or she will apply the law as they see fit. No case is ever a slam dunk, even if you’re confident in the outcome, because judges are human beings applying law to personal matters. In short, your outcome is imposed on you.
In mediation, you don’t have to accept any outcome unless you choose to. You can decide what information is shared publicly. You can set the tone and pace of the session. You and the other party will lead the creation of your resolution. Your mediator will be there to guide the conversation, but you will be in charge of coming up with a resolution.
Most importantly, you keep emotional control in mediation. One of the mediator’s jobs is to guide the quality of conversation – to ensure each party is respected and gets a chance to talk. You won’t have to worry about being attacked, and you will get a chance to safely share your point of view (and you will be expected to do the same for the other party).
The mediation process helps preserve relationships
Throughout the mediation you and your partner will be asked to express your views in a collaborative and safe way. Perhaps you’ll both learn something new when you consider your partner’s point of view within this framework. The process of mediation can often build a bridge between the two parties as they collaborate on a joint resolution. This is a stark contrast to litigation, where parties are often pitted against each other with one “winner” and one “loser.” This experience can have a profound effect on the future relationship between the parties.