PowerPoint Presentation

July 2016Al Tetrault

When To Use MediationThis is an overview of the advantages, useful to parties unfamiliar with mediation

July 2016Al Tetrault

Mediation is an unnatural actAn alternative to traditional civil litigationConflict resolution through negotiation Strong and negative biological biasHistorically, fight to resolve disputeDuels prevalent until the 20th CenturyWar is the highest manifestation of group dispute resolutionConflict resolution through negotiation Submit disputes to religious hierarchyConflict resolution through negotiation Submit disputes to secular judiciary

July 2016Al Tetrault

Mediation Advantages Parties control the outcome

Self-determination of any agreementCompare to having strangers (judge and/or jury) evaluate and render judgment and damagesMaintain confidentialityLitigation is a part of public recordConfidentiality can be part of any agreement in mediationPreserve relationshipsOngoing family or business contactMediation limits hostilityNo winners in litigation

July 2016Al Tetrault

Mediation Advantages Court Ordered Mediation

Courts often require mediation before setting trial date

Pre-trial mediation can help attorneys evaluate their trial strategy and strength of claims

Understand opponents legal argumentsValidate their discovery requirements

Mediation Advantages EconomicsMediation is faster than litigation, reducing legal costsMediation requires little or no discovery, reducing legal costsMediation requires less preparation, reducing legal costsMediation is less formal than traditional court processes, reducing legal costsMediation retains the litigation option, if no agreement is reached

MEDIATION IS LESS COSTLY THAN LITIGATION

February 28, 1999Al Tetrault

July 2016Al Tetrault

When To Use MediationMediation is:fasterless expensiveless stressful than litigation!