For a variety of reasons, mediation is increasingly the preferred methodology for individuals and organizations to resolve their disputes. Some clients appreciate the efficiency with which disputes can be resolved, as opposed to the litigation process, which can drag on for months, or even years. Other clients value the creativity that can come into play when resolving conflict via mediation. Mediation allows parties to resolve their disputes by creating "out of the box" solutions that would not be possible in the traditional court system. Four of the most common reasons that clients choose mediation are: Cost, Conflict Reduction, Confidentiality and Control.
Cost
Mediation typically costs a fraction of the cost of litigation. For example, the average cost of a litigated divorce in Tennessee if children are involved is over $20,000.00. Working with Papa & Roberts, most couples can mediate a divorce, work with an attorney to file all of the necessary paperwork, and pay court costs for less than $2,500.000 - nearly a ninety percent cost savings. In the commercial setting, the savings can be exponentially greater.
One reason mediation is often much more cost effective than litigation is that the mediation process is more focused than is litigation. In mediation, essentially all of the time is spent with the parties and mediator actively working together to resolve the issues related to the conflict. In litigation, much time and money is spent on depositions, preparing and responding to interrogatories, preparing for and attending court hearings, drafting correspondence, and other time-consuming tasks that are much less efficiently focused on resolving the basic conflict at hand.
In the business setting, another reason mediation saves money is that the process results in less lost work time and other resources, as well as reduced productivity that often come with litigation. In addition, mediation can minimize, or avoid altogether, damage to valuable commercial relationships such as the relationship between supplier and retailer or the relationship between co-owners of a business.
Conflict Reduction
Conflict is very often stressful and expensive for those who are experiencing it. Mediation is a process designed to calm conflict, rather than increase it. At Papa & Roberts, our attorney-mediators are committed to assisting clients with resolving their disputes in a constructive manner. We help individuals and organizations move through conflict without causing additional stress, but instead work to resolve the dispute such that the parties can return to their businesses and their lives. We at Papa & Roberts do not encourage parties to reach just any agreement. Instead, we help parties resolve their dispute in a way that is fair, specific, and designed to prevent future conflict.
Confidentiality
Mediation is a private and confidential process. Instead of going to Court where your grievances or that of the other party are heard in a public setting, you can elect to resolve your dispute in a more private manner. Confidentiality also encourages parties to talk more openly about settlement options than in a setting that provides no guarantees as to privacy.
Control
Too often people who are in conflict feel out of control - out of control of their businesses, their money, their health, their property, or their families. Mediation is a process that empowers the parties themselves to resolve their disputes in a fair and equitable way, without surrendering all of their decision-making power to an outside authority who does not understand the reality of their business or their lives. In addition, because mediation is more informal than litigation, parties have the time and power to craft innovative solutions to their problems that simply would not be possible in an over-burdened court system.
Mediation can be used in many types of conflicts, such as:
- Divorce and Child Custody
- Neighborhood Conflicts
- Contracts
- Business / Commercial Disputes
- Construction Disputes
- Family Estate Issues
- Property Disputes
- Church & Religious Organization Disputes
- Debt Collection
- Employment and Workplace Issues
- Housing and Landlord-Tenant Disputes
- Personal Injury and Insurance Subrogation Matters
- Discovery Disputes
- Consumer Protection Disputes
- Franchise Disputes
- Insurance Subrogation
- Disputes Involving the Elderly
- Community Disputes
- Neighborhood Conflicts
