The Benefits Of Face-To-Face Mediation

Go to a restaurant, a doctor's waiting room or even a sporting event and you will find that some
people are not looking up at their surroundings; they are looking down at their phones or other
electronic devices. Today's world is dominated by text and emails--forms of communication that
don't require human contact face-to-face. Communication can be difficult enough person-to-person
but miscommunication can be more common in a text. For example, a text sent to someone who is
waiting for a dinner date asking, "Where are you?" could be interpreted as anger concern or just
curiosity. 

Communication is important when negotiating complex legal matters. Many people don't want to go
through the expense of a costly and possibly lengthy trial. Some people simply want to negotiate
fairly. Mediation brings both parties to the table so they can negotiate the case face-to-face. 

Mediation has the following benefits:

The parties save money. The longer a case goes on, more legal fees are incurred. Mediation can
help settle a case quickly and save court costs and legal fees.

The parties have control of the outcome. Juries are unpredictable. A jury is made up of six to
twelve people, each with their own perspective and beliefs. You may see the case one way (in some
cases the judge may agree with you and disagree with the jury) but the jurors may see it
differently. One juror may see the case differently than the rest of the panel and create a hung
jury. Anytime a case goes before a jury, there is an uncertainty as to what they will do. 

The parties keep their privacy. Mediation is confidential. You may not want to say certain things
in an open courtroom, even if they could help your case because they are personal or divulge
information you need to keep to yourself. When you negotiate in mediation, what is said cannot be
disclosed in a court proceeding unless the information is about a crime.

The parties converse in mediation. In court, attorneys are the voice of the client. During this
type of alternative dispute resolution, the clients have an opportunity to express their views. 

The parties negotiate an agreement. Mediation focuses on resolution. In a trial, the parties are
adversaries and one will "win" and one will "lose." It is designed to help each party come to an
agreement that settles the issue. 

If you are in a dispute and are considering mediation, prepare as you would a trial. After you
have reached an agreement, make sure you have it in writing.
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Take advantage of what mediation can bring when resolving a dispute. If you want the help of a
seasoned mediator, contact M. David Halpern 814-940-1565 and talk to him about your concerns.
Based in Altoona, Pennsylvania, David practices mediation and arbitration of commercial, labor,
personal injury and medical malpractice issues, both privately and for the court systems. Visit
http://www.halpernmediation.com for more information.

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