--- title: To Mediate or Not to Mediate, That is the Question description: To Mediate or Not to Mediate, That is the Question --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - 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He or she will oversee the mediation and try to get the dispute resolved. The mediator will point out the strengths and weaknesses of each party’s case, usually doing so through a series of private meetings with each of the parties. He or she will provide candid opinions regarding liability and damages issues, and will discuss the risks and costs associated with a prolonged dispute. Along the way, the mediator will serve as the messenger of settlement offers and demands. If the parties reach an agreement, they will execute a written settlement agreement. If they do not reach an agreement, they go home. *What are the primary benefits of mediation?* - Formal dispute resolution, whether arbitration or litigation, is expensive and time-consuming; mediation is not overly expensive, can typically be scheduled to take place within 2-4 weeks, and can last one day or less. - Mediation allows the parties to learn more about their opponent’s claims or defenses. - Sometimes, a party needs to “hear it” from a neutral mediator. - The parties can choose to educate their opponent (but information shared with the mediator is kept confidential unless the party disclosing the information wants the information to be shared). - Even if the dispute is not resolved at the mediation, a party frequently leaves the mediation with a better understanding of its opponent’s claims or defenses, and the parties usually reduce the gap between their respective settlement positions. *When should you avoid mediation?* While there are many benefits to mediation, there are nonetheless some disputes for which mediation is probably not going to be a good use of time and money. For example, if you have a significant risk of liability and are being sued for tens of millions of dollars but do not have insurance and lack the resources to make a meaningful settlement offer, you might be better off skipping mediation and taking your chances at trial. In addition, if your opponent has already given you a very clear indication of what they might be willing to do to resolve the dispute, and the parties are undoubtedly “miles apart,” mediation is less likely to succeed. *What’s my point?* If you find yourself in a business dispute, you should evaluate whether the parties should attend mediation; depending on the nature of the dispute, there will be times when the evaluation should take place as soon as the dispute arises; however, there are also disputes which first require some investigation and fact-gathering. Either way, the benefits of mediation are usually too numerous to avoid serious consideration, especially when the stakes are high. 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