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Why Mediation?


Mediation is a form of assisted negotiation that the parties involved in virtually any dispute can agree to pursue as an alternative to litigation in the courts. The assist comes from the neutral mediator, who participates impartially, advising and consulting the parties involved. The mediator cannot impose a settlement, but can help to keep the parties focused more on the issues and less on the personalities of the participants.

  • For starters, the average civil lawsuit in the US today takes 5 to 7 years, from initial filing to   settlement
  • In 1985, 2/3 of the $35 Billion spent on litigation went toward legal fees. (Rand Corporation Study)
  • Participants report greater satisfaction with the process of justice
  • Participants retain control over settlement issues

How to choose a mediator        

Ask questions of potential mediators

  • Are they experienced in your industry, with your type of problem?
  • Do they belong to professional associations with a standard of ethic? (American Arbitration Association, Society of Professionals in Dispute Resolution, etc.)
  • How much will they charge you for services? Make sure you understand your agreement.
  • What is their professional background.

Remember: All parties to a dispute must first agree to mediate

  • Discuss and include mediation clauses in your contract documents before they are signed.
  • Contact professional associations for assistance.



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For More Information, Please Contact Us At:
Adaptive Consulting Team
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