The Expert Podcast

• Mediation is your last chance to put your case in the hands of the parties involved, whether you're a plaintiff, defendant, or witness.
• Everything shared during mediation is confidential and cannot be used against you in court or as a negotiation tactic.
• Confidentiality and Control
  • Facts shared in mediation are protected, often summarized by the saying, "What happens in mediation stays in mediation."
  • It’s your final opportunity to control the outcome, unlike court, where a judge or jury will decide your fate.
• The Role of the Mediator
  • The mediator or arbitrator is a neutral party helping both sides find a solution.
  • In court, the judge or jury is focused on dividing the case, not facilitating a successful resolution.
• Why Mediation is Encouraged
  • Courts often require mediation because they want cases settled outside the courtroom before they take up their time and resources.
  • Mediation can avoid the unpredictability and stress of court trials.
• Mediation: A Crucial Opportunity
  • Once mediation ends, you're on a rollercoaster: hearings, depositions, and trial procedures are all out of your control.
  • The mediator can often help find a solution that benefits both parties, highlighting common needs that may not be immediately obvious.
• Mediation vs. Court
  • In court, sides are entrenched, and solutions become harder to find.
  • Mediation offers an opportunity to resolve issues before things escalate.
• Don’t Take Mediation Lightly
  • Mediation isn't just a box to check off before heading to court. It’s a critical step in managing your case.
  • Think of it as your "off-ramp" before the dangerous, uncontrollable path of litigation.
• Successful Mediation
  • A large percentage (60-70%) of cases achieve a successful outcome through mediation.
  • In court, judges and juries often believe they've done well when both parties are unhappy with the verdict. In mediation, the goal is for both parties to walk away satisfied, avoiding prolonged legal battles.
• The Importance of Mediation
  • Treat mediation as one of the most important dates of your year—more crucial than birthdays or holidays—because it can significantly impact your future and the outcome of your case.