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Beyond Litigation & Mediation: Navigating Decisional Alternatives
By: John A.C. Keith, Esq.
Humans are inherently self-interested. These individual interests are often in conflict with the interests of others, and this dynamic gives rise to disputes. Methods for resolving these disputes have evolved in a generally benign direction over time, from head bashing to sword fighting to dueling to the modern mainstay: litigation. Yet even litigation is fraught with challenges. Legal battles can be lengthy, expensive, and unpredictable. Moreover, the appellate process can stretch disputes out for what feels like an eternity, leaving parties drained both financially and emotionally.
Over the last thirty years, mediation has emerged as a powerful alternative to traditional litigation. In mediation, a third-party neutral (the mediator) facilitates negotiation between disputing parties. This process is user-friendly, easily scheduled, and cost-effective. Unlike litigation, mediation empowers parties to craft their own solutions rather than rely on an imposed judicial decision. With an experienced and skilled mediator, settlements are highly likely, making mediation a widely accepted tool among lawyers and courts across the Mid-Atlantic region and the nation. Indeed, it is rare for a lawyer to try a case without first considering mediation.
Despite the many benefits of mediation, there remains a significant need for third-party decision-making in those disputes that simply cannot be settled voluntarily. Traditionally, courts have filled this role. However, courts today are under immense pressure from increasing societal needs combined with limited funding and rising skepticism toward governmental institutions. As a result, lawyers may want to consider decisional alternatives.
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