Mediation & Collaborative Divorce Attorney in Los Angeles, California
Pros & Cons of Mediation: What are the pros and cons of mediation?
Pros & Cons of Mediation: What are the pros and cons of mediation?
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Mediation is an excellent way to get cases resolved. There’s a time when mediation is effective and there’s times when it will not be effective. And what I mean by that is in order to mediate a case both sides have to have exchanged material information so that they know what the issues are and we can figure out the delta between each person’s perspective as to what the settlement should be. A good mediator will spend lots of time talking to the parties about what litigation is involved, how much it’s gonna cost, and will often issue recommendations as to how best to resolve the case after talking to the lawyers and the clients. So timing’s important. In some cases they can be mediated quickly. If all the facts are known and the dispute is defined, we could get to a mediator and try and get the case resolved in the first few months. In other cases there can be discovery that has to be conducted in order to meaningfully valuate the case and give the client the proper advice.
At the end of the day it’s the client’s choice. Some clients prefer to mediate without going through all the discovery that needs to be done, and they want to reach what I call a comfort settlement, a settlement where each side is comfortable with what they’re doing and they move on with their life.
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Los Angeles, CA family law attorney Robert W. Eisfelder talks about the pros and cons of mediation in divorce and how he helps clients come to an agreement without going to court. He explains that mediation offers a valuable means of achieving case resolutions. However, its effectiveness can vary depending on the circumstances. For successful mediation, both parties need to have exchanged relevant information, allowing a clear understanding of the issues at hand and enabling the identification of differing perspectives on settlement terms. A skilled mediator invests ample time in discussions with the parties, delving into the litigation aspects and associated costs. They often provide recommendations based on conversations with the lawyers and clients, guiding towards the best path for resolving the case.
Timing plays a crucial role in mediation. Some cases can be mediated swiftly if all the facts are known, and the dispute is well-defined. In such instances, parties can engage a mediator and strive to reach a resolution within the initial months. However, in other cases, comprehensive discovery may be necessary to accurately evaluate the case and provide clients with informed advice.
Ultimately, the choice of whether to mediate with or without extensive discovery rests with the client. Some clients opt for mediation without extensive discovery, seeking a “comfort settlement” where both sides are content with the outcome and can move forward with their lives.
