Benefits of Attorney-Assisted Mediation

Usually neither party is the total winner but a compromise is worked out. It is signed by both parties and then is put on the court record by their attorneys (after attorney review) as the settlement of the case. Each party pays 1/2 of the mediator’s fee. If no settlement is worked out an impasse is declared by the mediator but the fee is still charged.

Mediation can be a very successful tool in settling a high conflict case that looks like it will have to go to trial. Money is saved for each client by settling their case to their satisfaction in as quickly a time frame as possible and with as little attorney time as possible. Mediation can often be a means to this end.

Mediation can also be more money spent with no further gains on settlement if the parties are just too far apart. However, even then there is usually still a benefit from mediation in the form of additional information received and a better assessment of the other side’s position.

Mediation is conducted in two ways. In a basic mediation, the parties meet with the mediator but without their attorneys. Any agreement is subject to each party’s review with his or her attorney. In attorney-assisted mediation, each party’s attorney is present and participates. The attorney “review” thus happens in the context of the mediation itself. Agreements, when they are reached through attorney-assisted mediation, are better informed. The built-in review eliminates the problem that sometimes occurs when agreement is reached in a basic mediation – that it does not survive the review process. The added expense of paying for their attorneys’ time can make a difference as to whether a durable agreement is reached.

Also, there is also a gain even if only some of the issues are resolved. Then there are fewer issues left for the judge to decide and less attorney time spent preparing.

Mediation is the best way to resolve a case.