The Expert Podcast

Even celebrities with millions of dollars at their disposal can see the value in mediation to avoid having a court process, which might not only be more expensive but also may not have as good outcomes. It was a case where Angelina Jolie and Brad Pitt had a winery, and one of the parties was trying to sell off their portion of the winery to a third party. There was some dispute about whether or not that was acceptable without prior approval, and this lawsuit was kind of winding its way through the courts. Both parties went to the mediation process to try to resolve this.

As part of that case, there was a jury trial requested, but there was an agreement to participate in a settlement conference or mediation session as a form of alternate dispute resolution. The court ordered that both sides meet and confer over a unified discovery schedule. What this shows is that both parties to this case and the court are trying to avoid litigation by using an alternate dispute resolution process. This is important because once the parties go into court and submit this case to a judge or jury, it's out of their control. They don’t have any more control over the final outcome. With mediation, however, the parties are able to control the process and have some say in what the result is.

From a celebrity standpoint, another reason for mediation is the risk of damaging the reputation of the parties. In this case, the winery could be affected. If it goes to court, it's all public records, and you have to present evidence and go through discovery. In mediation, you can do this all behind closed doors and not have to worry about whether or not what you have to testify in court to prove your case is something you want out in the public. This way, a mediator can see the record, see the evidence, and suggest where this case is going to go, allowing you to form your own mutually beneficial arrangement instead of having a court force you into something that maybe neither party wants to do.