Mediation is perhaps the most popular form of alternative dispute resolution today. And the attorneys at Smith • Gardner • Slusky Law are well versed and experienced in this area. Our mediators are former judges, senior counsel attorneys and certified dispute resolution experts – having assisted in more than 200 commercial mediations.
Also, our impeccable reputation for integrity, fairness and trust along with the many years of experience of our attorneys in nearly every area of law allows them to bring knowledgeable and genuinely neutral assistance to those in need of mediation.
It’s a voluntary process for resolving disputes that typically produces more favorable outcomes for the parties involved – more quickly and at less cost.
A trained, professional mediator – someone completely outside the dispute with no vested interest in its outcome – facilitates the negotiation process between disputants. The disputants control the process and outcomes with the help of the mediator by setting and enforcing guidelines, unlike litigation where there’s little if any control and unpredictable results. (Please see below.)
| Dispute Resolution | Mediation | Litigation |
|---|---|---|
| Formality | Non-binding negotiation held in a casual setting, which fosters open discussion among the participants. | Governed by a discovery process, and rules of evidence. Presided over by a judge with communication through cross-examination. |
Relationships |
Gives participants the opportunity to salvage relationships through open and honest negotiation – in private. | Forces participants to be adversarial, resulting in one winner and an irrevocably damaged relationship – in public. |
| Cost | Generally costs from $500 to $1,000 per party, per day (plus attorney costs, if applicable). | Can cost $25,000 to $75,000 per side. |
| Time | Generally 1/2 day to 1 day. | Possibly 1 to 2 years or more. |
The mediation resolution is legally binding, but only when all parties in the dispute have agreed to it in writing.
For more information, please contact Jerry Slusky at 402-392-0101.