Mediation, on the other hand, can address the technical aspects of the problem and may well result in a detailed remediation plan. A mediated agreement also may include or lay the groundwork for future business between the parties. An agreement involving a more expensive, customized product may provide a discount on future products or revisions, or an extension of existing service agreements. Mediated resolutions of other types of high-tech disputes may give rise to joint ventures, new distribution deals, or new unrelated contracts. The point is that the best business solution may exceed the parameters of the current legal controversy and thus exceed the capability of judges, juries, and arbitrators.
Mediation saves money.
Mediators' fees are either hourly or daily, and usually are split between the parties. Related legal fees are substantially less than those for litigation because mediation avoids discovery, pleadings and motions, and preparation for and attendance at hearings, trials, and appeals. Perhaps most important in Y2K cases, mediation minimizes diverted executive time. When business executives need to be managing their company's Y2K fixes, both internally and in relation to their suppliers and customers, mediation spares those same executives long hours in extensive discovery, review of legal submissions, and appearance at lengthy court proceedings. Mediation safeguards confidentiality.