The Expert Podcast

Anytime there's a conflict between two parties, mediation is almost always inserted into that type of dispute. It could be a lawsuit, a divorce, or a corporate contract. That mediation process is sometimes required by a court before it can go to trial. Sometimes it's suggested by counselors or therapists. Sometimes it's even introduced by attorneys, and we've seen it in the news.

Here are three examples in large media celebrity-type conflicts. Here's a dispute with a network where there were two news anchors that had a dispute over their firing and termination. They went to a mediation session where the parties determined which ones got settlements and for how much. One of the parties ended up with a bigger settlement because of mediation, so it can be used in high-profile celebrity-type cases.

There's also small cases. Here's a situation where there's a library being sued, and in that lawsuit, the court is requiring mediation. This is actually a good thing, even for the clients. When they hear "required," sometimes they think, "I don't want to do it if it's required." But what you'll find is that many times—more than half the time—mediation resolves the conflict so you don't have to go to court.

Even though whatever settlement or mediation is completed may have consequences, it's cheaper than going to court because you have to pay legal fees, attorney's fees, court costs, and more. More importantly, all of the conversations that happen within mediation are confidential. At court, when you put evidence in the case, disclosures in the case, or testimony in the case, it becomes public record. Anything that you can imagine would come up in your court case will all be out there in public if it goes to trial. In mediation, it's all kept confidential, with a couple of exceptions for things like crimes, threats, or physical injury to another person.

Mediation also has other advantages. In personal law cases like a divorce, if you have a conflict between two people, introducing a mediator means you now have a neutral third party—a non-biased third party—trying to come up with a solution. Even though you might have an attorney, that attorney is advocating for you, fighting for you, which is what you want them to do. The attorney for the other side is fighting for the other side. So, even though you have a buffer between you and the other party, there are still two people fighting against each other.

A mediator, on the other hand, looks for common ground. They work to eliminate personal feelings from the equation and avoid the expenses and stresses of a trial. Even if you say, "I want my day in court," you can still have your opportunity to say your piece in mediation. You can still express what’s on your mind and have it be heard by the other party and your attorney. However, this doesn't have to happen in court, where it would be permanently on record.

In mediation, you can vent, share your thoughts, and use that input to formulate and structure a fair agreement. You can do this without the downsides of paying your attorney three, four, or five hundred dollars an hour. You also avoid multiple rounds of financial or personal record disclosures that a court case might require. Mediation provides this opportunity while still leaving the option to go to court if it doesn’t work out.

More importantly, in mediation, you retain control. You have the final say in whatever mediation presentation is offered. If you don’t agree, you can walk away. When you go to court, however, you cannot decline the judge’s final ruling—you must abide by it. Mediation is your last chance to control your destiny. Whether you are an individual in a divorce, a company with a dispute, or a celebrity in a high-profile case, mediation offers solutions that benefit all parties.

Mediation also benefits the courts by keeping cases out of their clogged systems. While mediation can often be resolved within a few weeks, a court case might take a year or more. This makes mediation not only a faster solution but also a way to move on with your life.