Why Mediate?

Civil litigation and arbitration discourage communications between parties and deprive them of the ability to decide the terms and conditions of resolution of the case. Similarly, settlement through attorney negotiations precludes the parties’ direct participation in the resolution process. Mediation offers parties the opportunity to participate in the negotiation process and achieve resolution through self-determined, mutual agreement. Mediation also conserves client resources and reduces client costs of litigation.

To maximize mediation’s benefits to the client, employment attorneys should incorporate mediation as a component of their litigation strategy from the outset of a case. This includes: engaging client participation through case evaluation, comparison of mediation’s benefits with other ADR options, informal discovery decisions, and mediator selection; early contact with opposing counsel; and understanding basic principles of negotiation psychology germane to the client’s participation in the mediation process.