If you’re in a disagreement, fixing it without going to court might seem strange. But fewer civil cases actually go to trial nowadays, with most issues resolved through something called alternative dispute resolution (ADR). Although it may be court-required, you can pick pre-litigation mediation even before starting the regular legal process.
Why Choose Mediation First?
Mediation lets both sides talk about their issues. It’s private, cheap, less adversarial, and it lets you and the other person decide on a solution together. Plus, it can save you a lot of money and time.
There are several big advantages to trying to settle a case before going to court in pre-litigation mediation:
Save money: The Court process can be pricey. Hiring a lawyer and filing everything in court adds up fast. Mediation is cheaper, and the Dispute Resolution Center of King County offers affordable services on a sliding scale, based on your income.
Save time: Court cases may also take a lot of time. Filing papers and waiting for your case to be heard, especially with extensions, can take even longer. Mediating before filing lets you solve the problem faster, with less stress since both sides have less time to stick to their positions.
Less emotional stress: In mediation you may be able to resolve things faster without waiting for a court decision. Also, court can be scary for some people, so the more relaxed atmosphere of mediation can help ease those fears. In mediation no one can force you into anything.
Avoiding uncertainty: Courts try to be fair, but letting a judge or jury decide means dealing with their opinions. In mediation, you have more say in the outcome, often coming up with unique solutions that wouldn’t happen in court. In mediation, you and the other person who is mediating with you get to decide on any settlement and no one else.
Privacy: Once you file in court, your issue may become public. But mediation is private and confidential, so your issue stays between you and the other person. You negotiate the outcome instead of having someone else make the decision for you.
Keeping relationships intact: Going to court may add to the tension in already strained relationships. Mediation can help avoid that, making it easier to get along even after the dispute is settled.
Is pre-litigation mediation right for you?
It’s not always the best choice, but when it works, it’s a great way to solve problems. The Dispute Resolution Center of King County offers mediation for private parties in pre-litigation, as well as part of the pre-trial court programs. If you want to see if your case could benefit from mediation, contact us here.