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February 21, 2019

Advantages of Mediation vs. Trial

There are many advantages to mediation over other forms of alternative dispute resolution (ADR) or civil litigation. Keep in mind that a judge’s responsibility is to interpret and rule on matters of law. The mediators’ responsibility is to assist the parties in settling their dispute and be fair and equitable to all parties if it is a binding mediation.

Mediation is much less costly than civil litigation for many reasons:

  • Most mediators charge by the hour OR by the day, and the mediation usually is completed in one or two days.
  • As most mediations are conducted in one or two days and most certainly less days than civil litigation, the cost of your time away from business or your personal life will be minimal.
  • Preparation for mediation is far easier and simpler than is required to prepare for arbitration or litigation.
  • Attorneys are not necessary but may participate at the request of a party.
  • If you choose binding mediation, you will have a similar finality as binding arbitration offers without the formalities and costs associated with binding arbitration. Greg Perkes is well-versed in the issues that are in dispute and can assist the parties in the reality of their opinions and positions.
  • There aren’t any court filing fees.
  • Mediation is a much faster process than civil litigation. It can take a year or more to solve a dispute through a civil trial, while the parties wait for a trial date with the Court.
  • In mediation, the parties are full participants and can express their own opinions and concerns. In civil litigation, the parties’ attorneys are the only ones who may represent their party, unless the party testifies and is subject to cross-examination by the opposing attorney.
  • Mediation allows the opportunity for parties to work together and reach a settlement. In civil litigation, there is a verdict or decision by a judge or jury.
  • After a settlement, if other items come into dispute, a new mediation can be scheduled without affecting the prior settled items.
  • Mediation is so informal that if a contract does not recognize an alternative dispute resolution option; mediation may be scheduled by mutual agreement of both parties to the contract.
  • In mediation, both parties may check the background and experience of the mediator unless the mediator is specified in the dispute resolution section of their contract. In civil litigation, one has no options in the choice of your judge or jury.
  • Mediation is a private process and not subject to public knowledge and possible media attention.
  • If there is a full settlement or if certain items are settled and an agreement is written, that agreement is enforceable in court, if necessary, and there will generally not be an appeals process. In civil litigation, there are several levels of appeals available in the continuing judicial process.
  • Mediation can protect parties from some of the extra problems associated with civil litigation, such as punitive awards, if applicable.
  • There is no jury in mediation, and the risk of a huge, unwarranted award is greatly reduced by the fact that an experienced mediator who has a full comprehension of the matter and who is usually a seasoned professional - unlikely to be swayed by emotion or superficial arguments.
  • Discovery is limited in mediation, which usually means that disputants’ attorneys, if involved in the mediation, will rarely pursue the burdensome fishing expeditions that can occur in ordinary litigations.
  • Insurance companies are more likely to write policies for companies who specify a mediation or arbitration process in their contract for most of the above reasons.
  • Today, most of the civil cases that are filed with a court of jurisdiction are remanded to mediation by the judge to see if a settlement can be reached. If no settlement is reached, the case will then be scheduled for hearing before the court.

Role of the Mediator

The principal role of the mediator is to facilitate communication between the parties in conflict with a view to helping them reach a voluntary resolution to their dispute that is timely, fair and cost-effective. Although the mediator manages the meeting and is in charge of the proceedings, he/she should not impose solutions or decisions and has no power to force a settlement.

A solution should only be reached by agreement between the parties. They are responsible for the ultimate resolution of the dispute. A mediator has no right or duty to provide legal advice to the parties even if he/she happens to be a lawyer. The parties should seek legal advice solely from their legal counsel. The mediator, however, may raise issues and help parties explore options.

Why Choose Hon. Greg Perkes?

  • Delivers extra value to mediating parties because of his judicial background and appellate expertise.
  • Conducts mediations on numerous subject matters with the utmost fairness, ethics, and courtesy.
  • Uses negotiation skills and familiarity with the law to help parties reach resolutions.

Services

  • Mediation including multi-party
  • Travel in South Texas as needed, no extra charge
  • Small and large conference rooms available
  • Lunch provided for full-day mediations

Fees

Your mediation fee includes the following services:

  • Office scheduling and administration of session(s).
  • Preparation, pre-session conferences with attorneys as necessary.
  • Preparation for and conducting mediation session(s).
  • Post-session conferences as needed.
  • Lunch for all participants for a full-day mediation.