Mark A.W. Smith & Company
Complexity, Simplified
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Mediation – The Forefront of Dispute Resolution Mediation is now the primary alternative dispute resolution process of the American legal system. In fact, some industry sources posit that it will be part of more than half of all cases filed before the end of this decade. In some states today – notably Arizona, California and Nevada – mediation has already become the consistent choice of those in conflict. There are significant reasons for this growing trend which can be broadly grouped as ‘tangible’ and ‘intangible’. Leading off the Tangible category is money. Litigation is costly and those costs are rising nationally and will most likely continue to do so. Often, even court-awarded verdicts fail to meet the litigation costs incurred in prolonged disputes. There are no winners under such scenarios. Mediation eliminates the majority of these costs. Hand in hand with costs is time. Court calendars are full, process and procedures must be carried out as mandated, and cases drag on – often for years. Time is the tangible no one fully focuses on, because it is rarely if ever fairly compensated, even in the most generous decisions. Mediation is subject to none of those delays, and can be arranged to suit the participants in a timely, economical manner. Savings of time and money would be enough to catapult mediation to the forefront of dispute resolution. However, it is the intangibles that solidify that position, and ensure its growing popularity and success. Litigation is an adversarial process. The negatives described by that phrase are compounded by the tangibles noted above. The result is a climate of animosity, recrimination, and hostility that lasts far beyond the final thud of the judge’s gavel. Mediation is a cooperative process. Mediators facilitate disputant parties’ crafting workable solutions, beneficial to all concerned because they are fair to all concerned. As such, mediation humanizes the process and culminates in a solution that is acceptable and amenable to all. Mediation provides a resolution of conflict that creates no long-term enemies, compromises no future business dealings, and makes no one a loser. Mediation is a triumph for everyone at the conference table at the end of the process. Mark A.W. Smith & Company offer focused, professional mediation services by mediators with proven expertise in the subject matter, and the skills to help the parties craft a settlement.
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