Mediation

Mediation, as compared to litigation, offers several benefits.  Mediation is less expensive, and disputes are typically resolved on a much shorter timeline.  Furthermore, the outcome of mediation is often a creative solution that is custom-tailored to meet the interests of both parties.  This creative factor is not typically present in litigated cases.  

 

Conflict Resolution Methods

  Mediation Facilitation Negotiation Arbitration Litigation
Positives for parties

Parties decide the terms of the outcome.

Neutral third party is present.

Parties control the direction and terms of the process.

Neutral third party is present.

Parties have the authority to limit information sharing.  Parties decide the process and outcomes.

Parties limit the information they share with each other and decide if the final agreement is court-binding.

Judge  makes a definitive rulling that is enforcable by law. 
Negatives for parties Mediator controls the communication process.
    No unilateral decision making  by any one party. Neutral third party is not present during this process to level any power imbalances.                         Arbitrators can require findings of facts and will decide the outcome. The final decision is  a matter of the court; infractions against the final ruling can lead to legal prosecution.
    Cost for parties $$ $ $$ $$$ $$$$

     

    For more information on mediation or any other conflict resolution practice, please call 203-215-3553 or email at info@esecrc.com