The mediator acts as a facilitator, guiding the parties in identifying issues, engaging in joint problem-solving, and exploring creative settlement alternatives. Although the process is voluntary and non-binding, it results in a strikingly high settlement rate. There are a variety of reasons to select mediation, rather than litigation or arbitration, and it has become increasingly common for courts to order parties to mediate in cases in which they have not engaged in settlement negotiations prior to trial. Parties are generally more satisfied with a mediated resolution, rather than one imposed upon them such as happens with a court judgment, because the parties created the solution themselves. In recent years, the use of binding mediation has developed as an alternative to arbitration and incorporates the negotiation aspects of mediation with the certainty of an outcome.
Mediation is also much less costly than protracted litigation or arbitration.
The fees charged for mediation vary by jurisdiction, and are set forth in Fee Schedules published by our office. The use of binding and non-binding mediation has increased greatly in both the private and public sectors, particularly for legal and business disputes. Many companies have chosen to insert mediation clauses into standard contracts as a preliminary dispute resolution step before arbitration or litigation. Luskin Law is a leader in providing innovative uses of mediation to resolve disputes throughout the country. Luskin Law has developed standard mediation procedures which apply to all cases submitted to our offices.