1. When To Use Mediation
„ This is an overview of the
advantages, useful to parties
unfamiliar with mediation
Al Tetrault

2. Mediation is an unnatural act
„ An alternative to traditional civil litigation
ƒ Conflict resolution through negotiation …
‚ Strong and negative biological bias
• Historically, fight to resolve dispute
• Duels prevalent until the 20th Century
• War is the highest manifestation of group dispute resolution
ƒ Conflict resolution through negotiation …
‚ Submit disputes to religious hierarchy
ƒ Conflict resolution through negotiation …
‚ Submit disputes to secular judiciary
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3. Mediation Advantages …
„ Parties control the outcome
ƒ Self-determination of any agreement
‚ Compare to having strangers (judge and/or jury) evaluate and
render judgment and damages
ƒ Maintain confidentiality
‚ Litigation is a part of public record
‚ Confidentiality can be part of any agreement in mediation
ƒ Preserve relationships
‚ Ongoing family or business contact
‚ Mediation limits hostility
‚ No winners in litigation
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4. Mediation Advantages …
„ Court Ordered Mediation
ƒ Courts often require mediation before setting trial date
ƒ Pre-trial mediation can help attorneys evaluate their trial
strategy and strength of claims
‚ Understand opponent’s legal arguments
‚ Validate their discovery requirements
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5. Mediation Advantages …
„ Economics
ƒ Mediation is faster than litigation, reducing legal costs
ƒ Mediation requires little or no discovery, reducing legal costs
ƒ Mediation requires less preparation, reducing legal costs
ƒ Mediation is less formal than traditional court processes,
reducing legal costs
ƒ Mediation retains the litigation option, if no agreement is
reached …
MEDIATION IS LESS COSTLY THAN LITIGATION
Al Tetrault