Trinity Mediation

There is a time and place for everything. But today, just about everything is being taken to courts for a judge to decide the outcome. The problem with this is that a judge does not have the time to meticulously address all cases. Some get thrown out, while others are placed on the court calendar and wait weeks; often times months before they get heard. In many cases the decision is not favored by both parties. Mediation is the alternative.

What is mediation? Mediation is a means of resolving a dispute by the parties involved in the dispute. The disputing parties decide for themselves with assistance from a neutral moderator. Mediation enables the members involved to decide the terms of the solution on their own. This results in greater satisfaction of the outcome. In the event that mediation turns out to be unsuccessful in coming to a solution, both parties still have the right to take court action. However, the mediation process is to remain confidential. It can not be used against either party.

Below, we'll take a look at a couple different types of legal disputes and how mediation can be an effective way of resolving legal disputes within that area of law. 

Mythical Expectations of Divorce Court: By Christopher L. Griffith, J.D., M.S., and Lawrence F. King, J.D.

Having spent years in the divorce litigation trenches we've heard the following many times:

• "I can almost always get a better result, if I go to court and tell the details of my story there," and
• "I've been told that divorce mediation almost always results in less optimal divorce settlements, than litigation."

Of course, for many high conflict couples, it's natural to imagine a made-for-TV "shock and awe" style of court victory in a divorce or parenting trial - one that is hugely satisfying. Even less conflicted parties often assume that a divorce trial means "being heard" and achieving complete and satisfactory Orders from the judge.

Courtroom Realities

Most experienced divorce lawyers and other divorce court observers know, however, that it is asking too much of a judge not acquainted with your family's unique circumstances - to discern all truth from fiction and to dispense perfect justice after a hearing constrained by limits of time as well as court formalities and rules. As divorce attorney-mediator, Diane Neumann, has written:

The reality of a divorce court trial is that most litigants walk out of the courtroom feeling as if they have just been run over by a truck. Even the winner often finds his or her enthusiasm dampened by the warning they hear from their divorce lawyer: to prepare for the next legal round, when their ex-spouse appeals the judge's decision.

For most divorcing or separating parties, then, their feelings after trial are not those of elation, but of disappointment at best, and emotional and financial devastation at worst. In every instance of a delighted divorce court victor, of course, there is the other spouse who feels hugely defeated or even humiliated. The difficulty in such a polarized case is in predicting "which end of the stick" you will find yourself.

In many, if not most, litigated cases, the truth is that neither spouse feels they achieved any "victory." And, for couples with children, any short-term "spoils" of the battle may be considerably less valuable than the long term benefits of preserving a working relationship with the other parent. Morevover, even when both parties do find courtroom results reasonable, legal fees and emotional costs exact their toll on parties and their families - sometimes a crippling one.

Conclusion:  Your Divorce, Your Choice

To be sure, there are cases and issues where negotiation or compromise may be short‑sighted, and litigation with its opportunity to be heard is a risk worth taking. No divorce process (litigation, mediation, arbitration) is appropriate for all divorcing parties or cases.

Generally, however, divorce mediation is the sensible, affordable option that results in both parties having greater control, a more satisfying divorce experience and often, an optimal result for their family's moving forward in a positive fashion after separation and divorce.

So, what, then, is the the truth about divorce mediation v. litigation?

It is an important question, with no "one-size-fits-all" answer. For most couples, however, we believe mediation easily bests the scorch and burn, "War and the Roses", winner-take-all, lawyer fought, custody battle litigated approach to divorce! 

Companies often embark on litigation in resolving employment disputes because management does not properly understand the consequence of such litigation and the psychological effect it may have on the business at hand. Once begun, it is difficult if not impossible to stop. Each step of the litigation process leads to the next. Companies often find themselves resolving cases at the courthouse door after economic, political and emotional costs have all been spent.

When a terminated or current employee makes a claim against his or her employer, it is generally in the interest of both parties to attempt to resolve the matter early through mediation. The involvement of a mediator greatly increases the chance of a resolution by helping the parties open communications to focus on their real interests in attempting to find a resolution that meets the needs of both sides. Mediation is a non-binding process. Any settlement and its terms are entirely subject to the parties' agreement and the entire process is generally confidential.

SIDE NOTE: Employment law is one of the fastest developing areas of conflict. During the past 20 years, the courts have advanced principles of equal opportunity and fair employment. The delay, costs and disruption resulting from employment litigation have dramatically diminished the utility of employment litigation for resolving these disputes.

Disputes between a company and its employees can arise in several different contexts. An existing employee may contend that supervisory personnel have harassed them. An employee terminated or denied promotion may contend that such employment action constitutes discrimination based on race, color, religion, sex, national origin, age or disability. Lastly, a terminated employee may allege that he or she has been wrongfully terminated and that the termination was unfair or without good cause. Federal and state laws reflecting social intolerance for certain workplace conduct, and court decisions interpreting those laws, are redefining the manner in which a company must relate to its employees.

Because of the cost in terms of dollars, morale and disruption of management, procedures, including mediation are becoming more common in contracts of employment, personnel manuals and employee handbooks.

Mediation avoids lingering animosity. Mediation allows the parties to retain control over the outcome. Mediation requires far less in legal fees and other costs as compared to the expense of litigation. The mediation process and procedure is private and confidential, and confidentiality agreements can keep other employees from knowing about a particular settlement.

*Source, Mediate.com, Michael Roberts