DUNLAP MEDIATION
Mediation Services and Training

Professional Dispute Resolution Services

Why People Mediate

Mediation is attractive for several reasons. One of the primary reasons people mediate is because it offers them an informal and quick method for resolving disputes. If parties are already embroiled in litigation, there is a high probability that the Federal, Circuit, or County Court judge will order the parties to mediation before they can proceed to trial. Fortunately, the vast majority of cases are resolved at mediation thereby saving parties considerable expenses associated with trial preparation and the actual trial. 

Mediation is also effective in situations where litigation appears to be imminent, but no lawsuit has been filed. This is called presuit mediation. In some instances, the legislature has actually mandated that parties participate in presuit mediation before filing a lawsuit. Presuit mediations offer great potential for resolution since parties are generally less entrenched in their positions and attorneys fees and costs are usually lower at this early stage. Presuit mediations are conducted in the same manner as mediations involving ongoing court cases. 

At a mediation conference, a mediator brings parties together and facilitates communication. The mediator is a neutral party who helps the parties view their dispute from a different perspective. The mediator will often test each party's positions and seek to determine their real interests. By doing this, the mediator can help parties remove some of the "emotions" and help them appreciate that fighting over the "principle" clouds their ability to make sound business or personal decisions. 

Mediation also empowers the parties to make decisions that will offer them the greatest benefit. The possibilities for resolving any given dispute are countless and are only limited by the creativity of the parties, their attorneys, and the mediator. If the parties are unable to resolve their dispute at mediation, they relinquish to the judge all of the power to make a decision that could impact them for the rest of their lives. 

Mediation sessions often last less than four hours and are far less expensive and stressful than the rigors of discovery depositions, document preparation, trial preparation, and attendance at trial.