“Progress in mediation comes swiftly for those who try their hardest” … Patañjali, compiler of the Yoga Sutras
Why Not Litigation?
Perhaps the most compelling reason anyone involved in a dispute should consider mediation by Gluck Solutions is this: It works. 80% of all cases that enter mediation are settled. Contrast that with the litigation process, which is a zero-sum game, not to mention extremely unpredictable and emotionally draining.
In mediation, however, you retain full control of the process at all times. Contrast that with litigation where even the most solid cases can fall prey to technicality or “legality.”
Why is Mediation the Right Choice For You?
- It’s economical
Mediation is generally much less expensive than the litigation route.
- Mediation is a viable commercial solution
Mediation is particularly useful if you wish to keep an ongoing relationship with the other disputing party. If you go through the pain and expense of a court-based dispute it is very unlikely you will end the process on good terms with the other party. Mediation has an ethos of minimal conflict at its core, meaning no one will “lose.” Similarly, a mediator can help test issues and change party’s positions without loss of face.
- High rate of compliance
Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.
- Rapid settlements
In an era when it may take as long as a year just to get a court date, and then multiple years if a case is appealed, the mediation alternative provides a more timely way of resolving disputes. When parties just want to get on with their lives, mediation may be desirable as a means of producing rapid results.
- Comprehensive and customized agreements
Mediated agreements often cover procedural and psychological issues that are not necessarily taken into consideration as part of the legal process. The parties can then tailor their settlement to their particular situations.
- Greater degree of control and predictability of outcome
Parties who negotiate their own settlements have more control over the outcome of their dispute, that much is self-evident. Gains and losses are more predictable in a mediated settlement than they would be if a case were arbitrated or adjudicated.
- Mutually satisfactory outcomes
Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker.
- Personal empowerment
People who negotiate their own settlements often feel more powerful than those who use surrogate advocates to represent them. Mediation negotiations can provide a forum for learning about personal power and exercising influence.
- Decisions that hold up over time
Mediated settlements tend to hold up over time and if a later dispute develops down the line the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
Contact Dr. Gluck for your mediation needs today