WHAT DO I HAVE TO LOSE?

The simple answer is almost nothing. If an acceptable settlement agreement is not reached through mediation, the parties and their attorneys will have expended a minimum amount of time and money. However, this loss is generally very minimal and information gathered in preparation for mediation will be useful later in trial preparation. The success or failure of a mediation session cannot always be measured solely by whether or not the parties "settled" their case. Rather, if significant progress is made, if issues are limited, if either, or both parties gain a more realistic view of the case, then the mediation process has been successful.

HOW OFTEN DOES MEDIATION LEAD TO SETTLEMENT?

Settlement rates vary depending on the individual parties involved, their skills and commitment to reaching an agreed settlement, and the complexities of the case. Nationally, approximately three-quarters of all cases handled by dispute resolution centers reach agreement.

WHY IS IT THAT MEDIATION TENDS TO RESULT IN VOLUNTARY SETTLEMENT?

Mediation involves all parties in the process; it is a confidential and non adversarial process which lends itself to constructive communication and negotiation. A trained, neutral third party (the mediator) works to ensure that all points of view are considered and assists the parties in working toward achieving a practical and mutually acceptable settlement agreement.