I am a very strong proponent of mediation because it offers so many advantages for my injured clients. Trials are expensive, unpredictable, stressful, and if possible, avoidable with mediation. Here are some reasons that make mediation so attractive for Massachusetts personal injury claimants:
1) it is relatively inexpensive (roughly $500/side for a half-day);
2) it is confidential;
3) it is relative quick, and does not last for many days, unlike jury trials;
4) it allows both sides, with the help of a neutral, to see and realize the strengths and weaknesses for both sides;
5) it is non-binding (either side can walk out if unhappy, without consequence);
6) it allows the injury victim the opportunity to achieve closure without the unpredictability of a jury trial;
7) it is a cooperative forum , as opposed to an antagonistic one (jury trials are at their essence, antagonistic);
8) it allows the parties to control the outcome of the case, unlike a jury trial which gives control of the case to the jury;
9) it allows each side to save thousands, if not tens of thousands of dollars on litigation costs that will be required to 'work the case up' for trial;
10) it allows the parties the flexibility to fashion creative problem solving solutions, which is not possible with a jury trial.