Advantages of Mediation as an ADR

In Los Angeles, mediation attorneys are trusted to resolve conflicts and decrease cases that are being filed in California courts who often face a backlog of cases.

Mediation is an alternative dispute resolution processes where a third party (usually a mediation attorney) assist two disputing parties to come to a resolution.

Mediation (as with arbitration) has been encouraged by most courts as an alternative to litigation so that disputing parties can resolve the conflict outside the judicial courts.

But unlike arbitration, a mediation attorney does not have the power to impose a resolution on the opposing parties.

The mediation attorney is just there to facilitate the process.

Some of the most common disputes that are settled through mediation before litigation are:

• Family disputes such as pre-nuptial agreements, separation, divorce, child custody and financial disputes.

• Workplace issues such as discrimination, harassment, wrongful termination, grievances and labor management.

• Other disputes such as personal injury, medical malpractice, and contract conflicts.
There are several advantages in choosing mediation instead of other legal options like litigation such as the following:
• Mediation is less expensive compared to other dispute resolutions. Although mediation attorneys charge somewhere around a price that is comparable to an attorney's fee, the case moves faster and the parties generally pay less in the process.

• Mediation is a private process. The parties involved can be assured that whatever happens in the mediation will remain confidential. In fact, confidentiality is so important in mediation that mediators cannot be forced to testify in most legal systems.

• Mediation offers flexibility in terms of coming up with a resolution. In arbitration and in litigation, the resolution is forced upon the parties and most of the time, there will be a winner and a loser. In mediation, the aim is to make both parties happy or at least feel that the resolution is fair.

• Mediation is a mutual endeavor. Since both parties have agreed to mediation, it usually means that each opposing party is ready to listen to each other's side and be amicable to coming up with an agreement to resolve the issue.

• Mediation is also usually handled by a trained mediator (usually a mediation attorney). A good mediator will be able to handle not only the topics of the conflict but the emotional side as well.

Mediation styles are different for each mediator, but mostly have the following elements:

• All parties are allowed to explain and detail their side of the story.

• The issues should be identified (usually facilitated by the mediator).

• Both parties clarify and present the detailed specifications of their objective and interests.

• Assigning value to non-monetary subjects like emotional distress, pain and suffering.

• Presentation of options.

• Discussion of possible effects of various solutions.

• Adjustment and refining the proposed solution.

• Memorializing the agreements into a written draft.

If you are involved in a conflict, before considering filing charges, you should consult with your attorney if mediation is a viable process to resolve the conflict as opposed to litigation.

Our expert Los Angeles attorneys handle mediation in workplace dispute issues such as employment discrimination. For consultation, visit our website and call our toll free number.