Parties involved in litigation should always keep an open mind about mediation at every stage of litigation. Cases that resolve without having to go through a trial or arbitration can potentially save the parties a lot of time and money in litigation. This excellent article touches on five items parties need to understand about mediation.
1. Mediation is non-binding. 2. Mediation takes place with a private mediator, usually not the court. 3. Negotiations during the mediation are privileged and cannot be used against either party during litigation. 4. The mediator’s only role is to get the case settled. 5. Even if the case does not settle at mediation, it could still be a successful mediation.