Civil disputes can be complex. Civil disputes can begin small, with a dispute over a clause in a contract, a disagreement regarding property lines or a failed business deal. Once lawyers and courts are involved, the situation tends to escalate. What was once an easily manageable conflict now feels overwhelming, costly, and exhausting. Usually, when mediation is mentioned, people are referring to this. In civil disputes, mediation has become a popular alternative to litigation. We encourage our clients at Bonardi & Uzdavinis to consider mediation before rushing headlong into a courtroom fight. Here’s the truth: Mediation is not a magical solution. Yes, it has benefits but there are also downsides that you should know. It is important to consider both sides, the pros and cons, in order to determine if mediation could be a good option for you.
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What is Mediation exactly?
Mediation is basically a structured discussion. Mediation is a structured conversation. Instead of fighting before a judge, two parties sit down with an impartial third party, the mediator, who’s job it is to guide discussion, clarify any misunderstandings and, hopefully, help the parties come to a resolution. A mediator does not make decisions like a court judge or arbitrator. They do not declare “winners” or “losers”, but instead facilitate. Imagine them as a referee that ensures all participants have a chance to speak without blowing the whistle every 5 seconds. The process can be conducted in person, electronically, or even by written submissions. Many people like the flexibility of it.
The Benefits of Mediation
1. Cost Savings
Costs of courtroom litigation are high. It adds up quickly: filing fees, attorney fees, expert witness fees, depositions. Mediation costs only a fraction. Even if it takes several sessions, you will still pay less than if your case drags out for months or even years in court. Cost is a major factor for many. Why spend thousands on litigation when you can resolve the issue for a lot less?
2. Speed up
Mediation is much faster than court. Civil cases may sit on the docket of a court for several months before they are even looked at by a judge. Mediation can be scheduled in a matter of weeks. This speed is especially useful for disputes where time is of the essence, such as business contracts or landlord/tenant issues.
3. You can also find out more about Privacy.
Publicity is guaranteed for court proceedings. Court proceedings are open to the public. Anyone can attend, anyone can request records, and sometimes disputes make it into the news. Mediation is confidential. Mediation is confidential. This is a great benefit for companies that want to keep trade secrets private or individuals who do not want their personal affairs made public.
4. Control over the outcome
In court, the judge or jury will decide on the outcome and you are stuck with that decision, whether you want it or not. In mediation, both parties are involved in the process. This could mean finding creative solutions a court would never consider, such as dividing property in an unusual way, changing timelines or creating business agreements. You feel more like you are shaping your future than being given a verdict.
5. Maintaining relationships
It is easy to overlook. Litigation has a naturally adversarial nature. Even if the “winner” is you, chances are that your relationship will be destroyed. The mediation process is intended to promote cooperation. This makes mediation particularly useful in cases involving disputes between family members, friends, or business partners.
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Cons of Mediation
Mediation isn’t always perfect.
1. No Guaranteed Resolution
Mediation only works when both parties are willing and able to compromise. You can waste time and money in mediation if one party refuses to compromise. This is frustrating, particularly if you were hoping for a quicker resolution.
2. Unequal Power Dynamics
Theoretically, both parties are equals. In reality, a party may have more resources, experience or a stronger personality. If there is no judge to enforce justice, the “weaker party” may feel under pressure to accept a deal which is not fair. It can be a huge difference to have an attorney at Bonardi & Uzdavinis on your side. We balance the scales to ensure that our clients don’t get taken advantage of.
3. Limited Discovery
Litigation includes formal discovery, which is the process of obtaining documents from the opposing party, as well as testimony and evidence. Mediation doesn’t. If you believe the other side has important information, it’s possible you won’t be able access it in mediation. This can be a disadvantage in some cases.
4. Potential Delay
Sometimes, mediation can actually delay the inevitable. In a highly contentious case, the parties may spend months in mediation, without resolution, before ending up in court. It can be a waste of time.
5. Enforcement Challenges
In general, if you reach an agreement through mediation, the document must be formalized and signed by both sides. Although courts generally honor mediation agreements in most cases, it can be difficult to enforce them.
Mediation is the Best Option
Mediation works best when:
- Both parties wish to maintain their relationship.
- Negotiable issues, not black-and white.
- Privacy is very important.
It is more important to consider the time and costs involved than to set a precedent. Mediation is a great solution for family disputes, neighborhood conflicts, and business partnerships that have fallen out.
When Litigation is Better
A lawsuit may also be needed when:
- A party refuses to compromise or cooperate.
- There are serious allegations, such as fraud or criminal activity.
- A precedent or public ruling (for example in constitutional challenges) is required.
To uncover hidden information, you need formal discovery powers.
Striking the Balance
You don’t need to go all-in or none-out. Many cases include mediation along the way. The courts often encourage mediation prior to trial and lawyers sometimes recommend it as “test run” in order to determine how far parties are willing go towards resolution. Even if the mediation does not resolve the dispute completely, it can help narrow the issues and make the litigation less expensive.
Bonardi and Uzdavinis: A Perspective
We’ve witnessed mediation fail and succeed at Bonardi & Uzdavinis. It’s not about forcing one way over another. The process must be matched to the problem. Some clients leave mediation feeling relieved because they have avoided years of litigation. Some clients leave frustrated because the other party refused to cooperate. It is important to have a team of lawyers who are familiar with the nuances, and can prepare you for either outcome. We take this role very seriously. We provide clients with honest advice, based on years of experience in Florida civil litigation.
Final Thoughts
Mediation may not be a panacea, but it can be a powerful tool. Mediation is a powerful tool that can save money, reduce conflict and keep control in the hands the most affected parties. It also comes with risks, such as unequal bargaining powers, lack of formal disclosure, and wasted time in the event of a failure to reach a resolution. Consider mediation if you are involved in a civil dispute. Speak to professionals who know the pros and cons of each situation. We are here at Bonardi & Uzdavinis to help you navigate the process. The goal of a legal case is not just to win it. Finding a solution that allows you to move forward with confidence and clarity is the goal.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
