MEDIATION involves a trained neutral to help parties develop their own solutions.

Mediation may be the most effective step in preventing disputes from escalating into legal claims, offering the clear advantages of cost-effectiveness and quick response time. Mediation leads to agreement in 80-85% of cases and is effective without jeopardizing legal options.

ENHANCING THE POTENTIAL OF MEDIATION

·    Preparing for mediation is critical. Participants should review case history, share important documents, and consider their "bottom-line" options for agreement.

·    Involving your attorney in mediation is discretionary, but many parties choose to discuss their case with counsel even when legal issues are not the primary focus.

·    Engaging a skilled mediator can make the difference in reaching an enduring agreement. Look for a professional mediator with experience in similar cases and in accepted mediation practice. In mediation everyone should develop a thorough understanding of the issues and potential outcomes.

·    Dealing with emotions is important, channeling them toward a productive outcome and allowing parties to express feelings without undermining the process.

Early mediation — Mediation "on the courtroom steps" is successful in legal cases but at considerable cost to the parties because of the significant expense of discovery. It may also be effective much earlier in the process with considerable savings.
An experienced mediator helps determine when sufficient information is available to allow early resolution before a disagreement escalates into a legal claim.