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According to various independent surveys, between 60% and 90% of those who participated in mediation were satisfied with the outcome. According to the American Bar Association "(p)articipants in mediation report higher satisfaction rates than people who go to court (and mediation ends) in agreement 70 to 80% of the time". In litigation or arbitration, the result is determined by a jury, judge or arbitrator. That means you have very little control over the results. In mediation, the parties have an equal say in the process and ultimate determination of the settlement terms, not the mediator. There is no determination of right or wrong in the mediation process, just a fair result.
Litigation is Expensive
It's no secret that between lawyer's fees, court costs and other expenses incurred in a lawsuit, a client can incur thousands of dollars in costs. And, statistically, your chance of winning in litigation is usually no better than 50/50. In mediation, a lawyer is not required, so the parties can have direct control over the time it takes to come to a resolution. In fact, the parties have a right to cease the mediation at any time.
What Happens in Mediation...
Generally, what happens during a mediation session in New Jersey is confidential, and can't later be used in court. In addition, Hess Mediation will require that all parties sign a confidentiality agreement. This helps ensure that the parties can "speak their minds" freely and without concern. In many cases, the mediator will meet privately with each party; in such instances, what is said in these private sessions will not be shared unless specifically agreed
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