Mediation: It’s A No Brainer!

Wikipedia defines Adjudication as the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

The legal definition of Adjudication is the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case.

In both definitions, there is one common denominator, some one else is making the final decision for your dispute. The only form of resolution to your dispute where you have the power to decide your own outcome is mediation.

What is mediation?  Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, which is a process of ADR somewhat similar to trial, mediation doesn’t involve decision making by the neutral third party.

There are many advantages to mediation over other forms of alternative dispute resolution (ADR) or civil litigation.  Below are some of the major advantages that mediation and binding mediation offers as an alternative dispute resolution option.  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:

  1. Most mediators who specialize in construction charge by the hour and the mediation usually is completed in one or two days.
  2. As most construction mediations are conducted in one or two days and most certainly less days than civil litigation, the cost of your time away from business will be minimal.
  3. Preparation for mediation is far easier and simpler than is required to prepare for arbitration or litigation.
  4. Attorneys are not necessary but may participate at the request of a party.
  5. If you choose binding mediation, you will have a similar finality as binding arbitration offers without the formalities and costs associated with binding arbitration.
  6. In many cases, the mediation can be held at the residence involved rather than needing to schedule a jobsite visit and a separate arbitration hearing at a neutral location or litigation that must be held at a court of jurisdiction.
  7. In most cases, the mediator is well-versed in the issues that are in dispute and can assist the parties in the reality of their opinions and positions.
  8. There should be no court filing fees and related expenses.

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