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Mediation Reduces the Pitfalls of Litigation

It’s unfortunate to find yourself involved in any type of personal or professional dispute, especially when you’re forced to consider litigation to address the matter. However, there other dispute resolution options to look at before you head off to a Florida courthouse. Mediation is a proceeding where parties sit down with a skilled mediator to discuss their differences with the goal to reach a compromise on disputed issues. The mediation professional guides the conversation in a useful, productive way, so it can be very effective in resolving conflicts. Plus, it helps disputing parties avoid some of the pitfalls of litigation.

Costs Involved with Litigation

Certain expenses involved with trial are obvious, including attorneys’ fees and court filing fees. However, there are additional costs you may not consider, but which certainly add up. Success at trial requires you to prove your side of the case, which makes fact-finding a central component of your strategy. Gathering evidence can be expensive, especially when you need to depose witnesses. Not only do you need to hire a court reporter to conduct a deposition, but you may need to pay the fees of testifying and consulting experts.

Litigation is Time Consuming

The litigation process can take months – even years – before a trial date is even scheduled. There are certain required initial appearances and status conferences in court, as well as the discovery process of exchanging documents and depositions. Plus, attorneys tend to use pre-trial motions as part of their strategy, which can lead to additional delays. When you consider these activities in the context of a court’s busy docket, you see how time consuming litigation can be from beginning to end.

An End to Relationships

Litigation is an adversarial process where different parties are pitted against each other; emotions run high as the sides fight in a courtroom. Relationships that may have been amicable at one point can be destroyed as the battle plays out. Taking your dispute before a court may ruin a family or break valuable business ties, so – even when someone wins in court – neither party truly benefits.

The Risks of Litigation

Litigation is a win-loss scenario where you’re at the mercy of a judge or jury to decide on the evidence you present. You risk having the other party win an unwarranted verdict just because the finders of fact don’t fully grasp the issues or are motivated by emotion. There is no opportunity to compromise because the rule of law prevails.

Mediation may be an option if you’re looking for ways to resolve a dispute without going through the expensive, time-consuming litigation process. Plus, it offers additional benefits because it avoids the risks involved with a trial. The key to success with mediation is committing to the process and remaining open to compromise. Plus, it’s important to retain a qualified mediation professional that has extensive experience in alternative dispute resolution and valuable negotiation skills. If you’re involved with a dispute and need assistance with the mediation process, please contact the Tampa office of Feldman Mediation & Arbitration Services.

Resource:

flcourts.org/resources-and-services/alternative-dispute-resolution/mediation.stml

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