WHY A MEDIATION

"Mediation is always superior to a trial"

1

A trial is a very long process. Before going in front of a judge could take years. It means that no matter if you think you are right in the dispute you might have with the other party, you will never get a judgment before years. The legal system is extremely crowded and the whole procedure is a very long and complicated journey.

A dispute could be solved through a mediation between parties in few weeks if not few days. It s a way much faster procedure. You will hopefully finding an agreement with the help of the mediator and both parties will save a lot of time. It s beneficial for everyone and will give you the opportunity to get away from problems faster because the justice is very slow while mediation is not.  

2

Unfortunately, the legal system in the US can be extremely expensive. Once you get into a dispute, you already know you will have to spend a fortune in legal fees. Either you get sued or have a dispute with another party, you will  not have other choices than defend yourself or to go through the legal system that will cost you a fortune.

A mediation could be a solution to that problem and you would be able to save tons of money.

Instead of paying for legal fees during years getting into the long trial procedure, a mediation will save you tons of money, it s worth the try.

A trial or divorce procedure can cost thousands of Dollars if not hundreds of thousands of Dollars. A mediation could help you save all that money at a fraction of that cost. It s definitely the best solution for all the parties.

3

A dispute can be emotionally destructive. You try to protect your person, your possessions, your family or your business. These are the most precious things to you, the opposite party is often someone you don’t want to talk to or to see, someone who could affect you psychologically or emotionally. That s the last thing you would want in that situation. In a trial, no matter if you want it or not, but you will have to stay in touch with them directly or through lawyers but for sure it will stay like that for years. That s the last thing you would want. You want to stay away from communicating directly or not from these parties. The mediation is a solution for these problems because it s fast. And ideally an agreement will take place in only few weeks. After that you will never have to deal with these people and you will be able to turn the page and continue or re-start your life away from these destructives relationships (personal or professional)

4

A mediation doesn’t mean that you can still go through a lawsuit if no agreement is found between the parties. But the opposite is impossible. Once you have judgement  at the court, you cannot go back, it would be too late and the judge s decision is forever and cannot be changed. That s why a mediation is a great option because it always worth the try.

A mediation is fast and cheap compare to a trial. It s better for everyone to go through that path.

It would always be better for parties to find a good agreement instead of a bad judgement.

5

Communication between parties is one of the biggest problem you may have during a trial process or dispute. You stop communicate and the lawyers do the job for you. But it s also a problem when you don’t communicate directly. So many miscommunication can go against parties. So instead of solving problems, you do just the opposite and create more tensions.

The mediation is there to help communicating between parties. The mediator is there to be the neutral party who will listen and help finding solution with both parties. The parties don’t have to meet physically or talk. But they communicate through a neutral party, the mediator.

Through the regular trial procedure, it s simply impossible. The mediation option would be so helpful and precious in this communication matter.

6

80% of traditional lawsuits are settled before going in front of the judge. Getting to this settlement can take months if not years and cost a fortune because you will have to go through the whole legal procedure and (best case scenario) having your lawyers negotiating and find an agreement between parties. That could take forever, and will still cost you a lot of time, energy and money.

With a mediation, you could reach the same result without spending these amounts of money or wasting all this time.

So it wouldn’t make sense not to try to settle through a mediation instead of costly lawyers and procedures.

7

8

More than 80% of mediation are successful. The successful rate speaks for itself.

You have more chances finding a better solution through a mediation than going through a trial.

When you do a mediation, you are there to find an agreement. When you are into a trial process, you are depending on the judge s decision. Parties are motivated to find an agreement with a mediation and it s better for them that way. The trial will always be the worst option.

Priorities can be very different for each party. But the judge will give a judgement based on the information he has and not based on your priorities. You are the only person to know what s really important for you. You will always have advantages dealing with a mediation, that s the best option for you to keep your priorities on your side. It doesn’t mean that it would  be negative for the other party. It s just a question of priority. People or parties have different priorities and will fight for them. A judge don’t care about that and give a judgement based on the facts and not based on parties priorities.

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New York, NY 10018

bb@bernmediation.com

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