Civil lawsuits differ from criminal cases regarding legal proceedings. The judgment secures compensation for the plaintiff as opposed to punishment.
The involved parties, along with their lawyers, negotiate and attempt to settle the case outside court.
That is where mediation comes in. But how different is mediation from the trial, and is the process beneficial?
Introduction
Mediation is an alternative dispute resolution technique.
It is a flexible process where the two parties sit before a neutral mediator (usually court-appointed) and navigate their situation.
The mediator is not a judge and does not hold any decision making power regarding the case.
How does mediation differ from trials?
1. Trials are expensive affairs that involve multiple hearing dates and costly legal fees. Mediation provides an opportunity to settle cases by resolution and not in court.
2. It is also a shorter process that concludes within three to four sessions.
3. The mediator holds a neutral stance in your case and helps you and the other party look for solutions. They take both your needs and concerns into consideration and cannot impose a decision on either of you.
4. Mediation is a far more informal process. It is confidential and private if you are looking to avoid the spotlight or details getting leaked.
5. Settlements are done behind closed doors, and the proceedings are kept discreet. Trials are usually open and public.
6. All discussions during mediation do not carry forward to court if the case goes to trial. In contrast, anything and everything declared in a court hearing is upheld as evidence.
When does mediation help?
Now we have a clear idea regarding the advantages of mediation before trial. State Courts provide forums where you can set up mediation sessions.
The benefits of mediation make it appropriate for resolving disputes.
The following situations call for mediation over court hearings –
- You want to close the lawsuit fast and effectively.
- You want to save on the legal overhead of court trials.
- You want to maintain an amicable relationship with the opposing party following your settlement.
- You can avoid all the publicity that comes with public trials.
- You seek a business-oriented or creative solution to your situation.
- Often court decisions do not align with your interests completely.
- It helps if you have communication difficulties while resolving the dispute.
Mediation is not fail-proof
While mediation seems like an ideal resolution tactic, it does not fail-proof.
The sessions are successful only if both parties comply and are satisfied.
It is also pointless if a court order is what you seek in your case.
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