| |  | SAVE TIME AND MONEY (cont)
Thus, the traditional legal process takes a long time and costs a lot of money to have issues you care about determined by someone that does not or cannot care. What is more, the determination of the issues is unpredictable and attorneys that guess the outcome are doing just that, guessing. Many Judges are inconsistent, even when dealing with issues within the same case. Therefore, you should not ever get fooled into thinking you know the outcome.
Walking into a courtroom you are almost always tossing a coin.
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| | | HOW MEDIATION IS BETTER
Better than Negotiation. Mediation is an alternative way to settle disputes. In mediation the parties to a dispute state their case and the mediator assists them in finding a middle ground. Often, party "A" to a dispute cannot see that what party "B" really wants, A can give without giving up what party A really wants. Often the reverse is true, party B does not realize that what B wants, A can give without giving up what really matters to A. In this way, the parties actually minimize or decrease the size of all that they have to divide between them. A mediator stands apart from the parties' charged positions and takes an analytical and rational look to maximize what they have to divide. This is known as "increasing the pie," creating more pieces for the parties to share.
Better than Court. A mediator's job, unlike that of a judge, is to facilitate agreement. The judge's job is to facilitate resolution, which may favor both, one party or neither party. The judge has the tools of enforcement of its orders, including the police, to either get the parties to agree or to follow an order with which one or both of the parties did not agree. The mediator cannot threaten or coerce you into an agreement. A mediator can only help you and the other party agree by making the other party see your side and vice versa. A mediator helps you maximize the value of what is involved in the dispute. This makes more available to divide between the parties than either party thought there was when they entered mediation.
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