That’s right, certainty. When you litigate a matter, you understand that you may win, you may lose, or you may land somewhere in the middle. You won’t know the outcome, however, until the decision is made and in some cases, it is years before an appeal is taken. But in the end, it is up to the Jury and/or Judge to objectively and fairly analyze evidence and make a just decision.
After almost 20 years on the bench, I have never had a Jury that did not work hard to deliver what they believed to be a fair and reasonable verdict, but the truth is, they do not always get it right. Outsiders looking in may not see or understand the matter as you – the person directly involved – understand it to be. Mediation ensures that you never get a verdict or decision that is inconsistent to what you think is fair. Also, nothing is binding, and nothing is imposed upon you. You must agree. A third party – an objective and experienced attorney or retired Judge who has no interest in the outcome of the case – gives honest and clear objective feedback, and proposes reasonable and sometimes out-of-the-box solutions.
Only once a compromise has been reached and all parties agree is the matter resolved. The parties understand the results, and have agreed to the terms and conditions. Payment, if due, is made, actions, if required, are completed, and the matter is over. Unlike the judicial process, there are few appeals and no delays in the implementation of the agreed upon resolution. There is, in a word, certainty.
Next month - The SECOND Good Reason for Mediation: Money and Time Saver
Hon. Bradley J. Ferencz, JSC (ret.) focuses his practice on all aspects of alternative dispute resolution (ADR) at Hoagland, Longo, Moran Dunst, & Doukas following a 23 year career of litigation and trial practice. During his more than 18 years on the bench in Middlesex County, he sat in every division.
For more information or questions regarding Mediation, Judge Bradley Ferencz, JSC (ret.) can be reached by email at firstname.lastname@example.org or by calling (732) 545-4717.