But Is Your Case Really Ready for Mediation (Part I)

How do you tell if your case is truly ready for mediation?  The International Institute  for Conflict Prevention & Resolution did a deep dive into the topic and created its ADR Suitability Guide.  That guide provides a great path towards determining whether or not mediation is an appropriate step for a case.   

The guide breaks down the analysis into three main components: 

·         The Parties’ Goals for Managing the Dispute;

·         The Suitability of the Parties’ Relationship; and

·         The Potential Benefits of Mediation for Dispute in Question.

 In this, the first of three parts, we’ll take a closer look at the first factor. What are the parties’ actual goals for managing the dispute? 

 Overarching Goals

 How important is to the parties to maintain a relationship with each other, post-dispute?  In business or employment situations, the parties usually have some sort of on-going relationship that can serve as incentive to working towards a mutual resolution.

 How important to the parties is maintaining control over the outcome?  Typically, parties have a vested interest in shaping their own future and would prefer not to have their future determined by 8 people being paid about $3/hour.

 How important to the parties is maintaining control over the process of resolving the dispute?  Having a vested interest in the dispute, most parties want to maintain some control over the process and mediation allows that to happen.

Legal Goals

What is the likelihood that this case can be disposed of by a prompt, dispositive motion?  If one side thinks that it there is a strong chance it can win a summary judgment, then that party’s attitude towards mediation might be skewed.

How much formal discovery is needed?  If there is a modest or more significant amount, it would be doubtful that the parties could engage in a meaningful mediation.

Pragmatic Goals

What are the estimated expenses for litigation, compared to the realistic expectations of a decision or recovery?  Mediation is usually a more cost-effective process than litigation, particularly when you look at net totals.

How important is a speedy resolution?  When you’re involved in litigation, it can be years before a case is resolved.  Mediation is usually concluded in a fraction of that time.

How important is privacy?  Mediation is a confidential procedure.  Litigation is public.  Geraldo Rivera can broadcast your trial, but not your mediation. 

Stay tuned for more!