By:
Paul R. Kfoury Sr.
Litigation can be an expensive and lengthy process, and as courts in New
Hampshire and across the country face crowded schedules mediation has
become one of the preferred forms of alternative dispute resolution.
Mediation, conducted by a professional mediator is often a cost effective
solution for many disputes, including business, probate, real estate or even a
personal injury claim. Both sides pay the mediator, which can cost significantly less than taking
a case through the court system. Professional mediators have the expertise
and experience to evaluate cases, and the skills to facilitate negotiations
between the parties and develop creative solutions.
The average civil litigation matter can take one to two years or more,
while mediation generally is held two to four months after notice of the
claim, and four to six months after the lawsuit has begun. Disputes can
then often be resolved within hours.
And the cost of mediation is significantly less. Mediation before going
to court generally ranges from $2,000 to $4,000, instead of what could
be upwards of tens of thousands of dollars if a case goes to trial.
In some cases, mediation is required before filing suit including, but
not limited to:
• Business to Business
• Business to Consumer
• Commercial and Residential Construction
• Employment Policies
• Residential real estate
Mediation gives the parties the ability to control the terms of settlement,
and it can also help preserve relationships. It maintains confidentiality
at all times and certainly is more satisfying to the parties precisely
because it is far less costly and time-consuming than litigation. Mediation
allows the parties to achieve finality much earlier in the process, and
as many times as I have received a thank you from the parties in achieving
settlement resulting from mediation, the most common compliment is always,
“Thank you very much. It is good to have this over.”