Settling legal disputes in court is sometimes necessary, but it can also be time consuming, expensive, and stressful. Fortunately, there are alternatives available, including using mediation to handle disputes out of court. But what exactly are the pros and cons of mediation, and why might it work for your circumstances?
What is Mediation?
Mediation is a type of alternative dispute resolution (ADR) that helps to address potential legal issues through an informal guided process rather than the courts. Both sides of the dispute meet with an impartial third party, known as the mediator, helping to guide both sides to an agreement that suits both of their needs. If successful, it can help people settle their differences in a way that leads to a mutually beneficial solution.
What Are the Pros of Mediation?
The most obvious benefits of meditation are that it is less costly and time consuming than litigation, making it a preferable alternative to bringing a lawsuit in court. It is also significantly less formal, meaning you do not need to worry as much about the complexities of legal procedure. In addition, the mediation agreement is not legally binding, meaning you are not forced to adhere to its terms if you decide you do not like them.
What Are the Cons of Mediation?
Unfortunately, mediation is not always good for every situation. For example, it tends not to work well when there are complex legal issues at stake, which may be better to handle in an actual court. Moreover, mediation requires both sides to come forward in good faith, meaning it will not work if one or both sides do not intend to cooperate with the process, or if they intend to abuse it for one reason or another.
What Should You Do?
Ultimately, the decision about whether to move forward with mediation will depend on your personal circumstances. That is why you should speak to a lawyer with experience as a mediator, who can help you review all of your options. That way, you can make sure you wind up with the form of dispute resolution that best suits your needs.
If you have a legal issue and are seeking mediation, give the Law Office of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey mediator who has considerable experience in handling the many aspects of employment and business law. To schedule a consultation with New York City/Long Island/Westchester mediator Andrew Ross Sack, call (516) 526-3319 or visit his contact page.
