Comments: Litigate Or Mediate?: Mediation As An Alternative To Lawsuits

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solagbade , Kano   02/20/11
like your definition...

Thom , Rockwall TX   08/18/04
A prior question asked what percentages of mediation cases settle? The simplest answer is a majority do settle, though not necessarily in the first mediation. Settlement percentages vary by the subject nature of the mediation. I know of a federal agency using mediation for internal employee-management issue resolution that claims better than a 95% settlement rate. In federal EEOC cases, the percentages vary by region with an overall average better than 60% and as high as 85% in some locales. I'm aware of a Longshore claims study that showed an 87% correlation of proposed settlements at mediation against actual 5th Circuit Court decisions. Your personal experience may differ as success depends upon a combination of the willingness of the parties, the mediator, and the depth of the issue in terms of difficulty to overcome and materiel comittment to attain agreement. With regard to percentage dollars of settlement versus initial requests, mediation does require compromise. However, that does not necessarily mean that the true evaluation of the settlement is necesarily of less value, as dollars are not the only measure of results. A private mediation agreement has multiple values and while it may contain a negotiated dollar value of settlement, it also generally contains other aspects that you may may consider priceless such as: non-public record privacy, the expediency value of a swiftly held mediation and an outcome that is certain which you chose - - instead of one of surprise imposed by a Judge. More, the mediation process itself, in which you can vocally participate in to your fullest desire yields far more emotional and self-action satisfaction than when you are represented in a Court and can only testify when called as a witness. Transformational mediation is especially suited for highly emotional issues such as employee-management relations and has been highly successfully used by the US Postal Service and adopted by many other major employers.

Gary , Lodi CA   04/27/04
Medical Malpractice
What percentage settle through mediation and is there a general amount of award, say 50% of what plaintiff was asking for.

Robbin Addison, Buchanan ga   02/11/04
Divorce appeals
How long do i have to appeal divorce of 23 where i lost everything almost that i worked for all my life ? and what was dicided in mediatation should n't it stay the same at final judgemen such a furniture etc.

Ezeife , HULL UK   12/22/02
An extremely useful article to all seeking information, basic or otherwise.

Stella Monageng , Gaborone BW  smonageng@idm.bw     03/20/02
The article is vital.