Why Mediate?

Why should the parties mediate their dispute? Obviously, if it is court ordered they have no choice. But what if there is not court ordered mediation? Why should they voluntarily agree to it?

Mediation is a “peace making” process. A trial is a “war making” process. At trial, someone always wins and someone always loses. In mediation a win-win result can be achieved where the interests of each party are met through a voluntary, mutually acceptable, resolution of their dispute.

In mediation a neutral mediator assists the parties in hearing and understanding each other’s positions, and the reasons for those positions, even though they disagree. The mediator can help the parties recognize and assess their risks if the case were to go to trial. Yet, all decisions by the parties are voluntary. They do not have to reach a settlement agreement. They may go to trial if they decide that is what they want to do.

The benefits of mediation are:

  • Control -- The parties control their own destinies. They are the decision makers as to what is in their best interests. In a trial a judge or a jury tells the parties what will happen. In mediation the parties decide.
  • Certainty -- This is a corollary to control. The dispute is resolved pursuant to a settlement agreement in which the terms are clearly established. There is no uncertainty as to what will happen at trial or an appeal.
  • Time -- A dispute will be resolved more quickly than it otherwise would by having to work its way to the top of a court’s docket. Further, if there was an appeal, a final resolution could be years away.
  • Expense -- A successful mediation will end further legal costs that a party would otherwise incur if their case went to trial and a possible appeal.
  • Business disputes -- A successful mediation will result in business people not being distracted from their business by litigation and the diversion of their time and energy from it. It enables them to focus their attention on their business instead of a legal dispute.
  • An end to stress and anxiety -- No party to a lawsuit enjoys being cross-examined or experiencing the uncertainty of what will occur in a matter that is important to them.
  • Confidentiality -- Mediation is confidential. What occurs in it is not a matter of public disclosure as it is at a trial. Further, a party is able to communicate confidential information to a mediator that may help their case be resolved and their interests met.
More Information CLE Offerings

Chadwick Mediation & Arbitration, LLC
1450 Greene Street
Augusta, GA 30901
Phone: 706-823-4250
Fax: 706-828-4459
contact@chadwickmediation.com


Chadwick Mediation Services
Our Mission: To provide an impartial, constructive and forward-thinking means for resolving disputes with integrity and the preservation of dignity for all involved.