Civil, Commercial & Business

Why Mediation Is Better Than Court

Mediation in business and civil disputes offers a cost-effective, confidential, and collaborative path to resolution - helping you avoid the disruption and uncertainty of courtroom litigation.

• More Control – Instead of leaving the decision to a judge or jury, you and the other party shape the outcome together.

• Less Stressful – Mediation is private, informal, and focused on solving problems rather than assigning blame.

• Faster & Cost-Effective – Mediation can resolve disputes in weeks, compared to months or years of litigation, saving significant legal expenses.

• Preserves Relationships – In business and professional settings, mediation helps maintain valuable partnerships, customer relationships, or ongoing contracts that litigation often destroys.

• Confidential – Unlike court proceedings, mediation discussions remain private and cannot be used later in court without agreement.

How to Prepare

• Identify Priorities – Know your goals, business interests, and the issues most important to you.

• Gather Key Information – Bring contracts, financial documents, correspondence, and any supporting materials.

• Stay Open-Minded – Be willing to consider multiple solutions, not just your starting position.

• Think Ahead – Focus on practical, forward-looking outcomes that allow your business or professional relationship to move past the dispute.

What to Expect

1. Introduction – The mediator explains the process, sets ground rules, and confirms confidentiality.

2. Joint Session – Both sides present their perspectives, concerns, and objectives.

3. Caucuses (Session Meetings)

   • We operate with open and closed caucuses, based-on and dependent on both parties comfort and agreement.

     • Open Caucus – Both parties may step aside with the mediator to focus on a specific issue in more detail.

     • Closed (Private) Caucus – Each party can also meet privately with the mediator. What is said in a closed caucus stays confidential unless you allow it to be shared.

   • Benefits – Caucuses provide a safe, candid environment for exploring settlement options, reducing tension, and allowing the mediator to help craft solutions that can later be brought back to the joint session.

4. Negotiation & Problem-Solving – Guided by the mediator, parties develop and test practical solutions aimed at resolving the dispute.

5. Agreement – If resolution is reached, the mediator drafts a binding Mediated Settlement Agreement that can be enforced in court if necessary.