Why Mediation? | 5 Reasons Why Mediation Is The Better Alternative


1. Self-Determination

Unlike litigation and binding arbitration, mediation enables the parties to decide for themselves the outcome of their dispute. Those who opt instead for litigation or binding arbitration place their fate in the hands of total strangers, who will decide who wins and who loses. In addition, those who choose binding arbitration are usually asked to give up any right to appeal the arbitrator's decision.

2. Reduction in Cost

Mediation is universally recognized to be a less costly method for resolving disputes than litigation and binding arbitration, especially if the parties agree to submit their dispute to mediation BEFORE initiating legal proceedings.

3. Privacy and Confidentiality

Whereas legal proceedings are a matter of public record, mediation is a strictly private and confidential process. In fact, mediators are bound by a strict code of confidentiality and are prohibited from disclosing anything that occurs during the course of the mediation process.

4. Speed

Unlike litigation or even binding arbitrations, mediations can usually be scheduled and completed within a month or two once the parties are ready to do so, and often as quickly as a few weeks or even just a few days, depending upon the mediator's schedule.

5. Closure

Finally, those who participate in mediation generally tend to find closure. While it naturally depends upon the willingness of the parties to compromise, as well as the experience and talents of the mediator who is selected, statistics show that those involved in mediation are likely to resolve their differences 9 out of 10 times. Given the anxiety and lost productivity that generally accompany any dispute, the more quickly a dispute can be resolved, the better for all concerned.

In light of the relatively low cost of mediation, the ability of the participants to control the outcome, the privacy and confidentiality that attend mediation proceedings, the relatively short time it takes to move from scheduling a mediation to actually engaging in mediation, and the strong likelihood that mediation will bring closure, mediation should always be at the top of the list when choosing amongst the various methods for resolving disputes.

  • Mr. Siegal promised that he would follow-up with the attorneys after we left his office and he made good on that promise, eventually helping us craft a creative settlement.
    Jeff Carlson, Esq. | 
CARLSON & MESSER, LLP

  • Floyd is the ideal mediator: thoughtful, intelligent, fair, respectful and thorough. He accomplished more in a few hours with his "shuttle diplomacy" than all the costly discovery that preceded the mediation.
    Coe A. Bloomberg, Esq. | JONES, DAY

  • Mr. Siegal was very accommodating to the parties and worked steadfast in ensuring a resolution of a case that took many twists and turns during the course of the mediation. Great job.
    Richard A. Harting, Esq. | 
HARTING, SIMKINS & RYAN, LLP

  • Thank you for sticking with our case for a full 360 days! It too is the longest case I have had in mediation and is a tribute to your perseverance.
    Jack D. Hull, Esq. | 
GOLDSMITH & HULL, APC