I read on a Chicago that the down economy is boosting mediation firms as more Chicago-area companies look to cut litigation costs.
A practice long associated with personal injury, product liability and property damage suits is becoming more popular as a way to resolve commercial disputes.
The trend also is getting a boost from an increasing number of construction, employment and other contracts that contain clauses specifying that disputes be mediated. Courts also are nudging more cases to mediation.
Some claimants say mediation helps open their eyes to the merits of their claims.
According to Chicago Business, “It turns out our case wasn’t as strong as we thought it was,” says Mitchell Bender, Pace American’s CEO, referring to a lawsuit it lost here in January in federal court against Mission Viejo, Calif.-based aluminum supplier Elixir Industries. Pace American appealed, and the case was mediated by a Seventh Circuit staff mediator.
“Everyone got an education, and a deal was struck,” Mr. Bender says. “I wish (mediation) was mandatory in more situations.”
This is one of the key benefits of mediation, not only is a particularly useful in a difficult economy but part of the benefits is that it enables you to see the point of view of the other side.
Ask yourself as a disputing party - How much scrutiny is your lawyer putting on your case?
The essence of mediation is facilitating compromise.
Legal rights and wrongs can turn on irrelevant issues and the ultimate remedies may not produce a sense of true "justice" for everyone.
The role of a mediator is to bring to light the underlying motivations and agendas of litigating parties and find the combination of accommodations that satisfy the personal feelings that lead to a frustrated move to the courts.