Advantages and Disadvantages of Mediation

by | Mar 23, 2022 | Mediation

Mediation is a form of alternative dispute resolution which can be used as an informal process to help people resolve conflicts. It differs from the more formal processes such as arbitration and litigation in that the third party facilitates the discussion between the two parties rather than issue a decision. Both parties come to an agreement on terms, and the mediator doesn’t decide which terms are better than others or who wins or loses. Read to learn the advantages and disadvantages of Bay Area mediation.

Advantages and Disadvantages to Mediation

There are many advantages to mediation. For example, the process is confidential, unlike litigation which is public. It also costs less than litigation. Both parties have more control over the mediation process than they would with litigation. This means that you have an opportunity to come to terms on your own, rather than having a third party decide for you what terms are better or worse. Mediation will also be less confrontational for many people as it is not as formal as litigation. The disadvantages of mediation are that it won’t be binding, meaning that one party may renege on the agreement at any time if they so choose to do so without legal ramifications.

Who Can Use Mediation?

Mediation is not limited to any particular type of case, and can be used in many different types of legal disputes. It is often used as an alternative to litigation, as it provides a less expensive and more flexible process for resolving disputes.

When Should a Party Consider Mediation?

There are many different reasons why a party should consider mediation. For example, if the parties have a long history of disagreements and litigation, mediation may be a good way to reach an agreement without spending a lot of money on legal fees. Another reason is that the mediation process can be confidential. Participants will not have their disputes broadcasted publicly, which can be beneficial for those who want to keep their disputes private.

An important consideration when deciding to mediate is the type of issue being disputed. If it is something that would take a long time and a lot of money to resolve through traditional means, then going to mediation may be worth exploring. This could include issues such as custody or property division in divorce proceedings. This also might include resolving business contracts between two companies with lots of assets at stake.

Conclusion

Mediation is a dispute resolution process that is designed to help parties resolve their disputes in an amicable manner. It is often less formal than litigation, speeding up the process, and can be less costly. There are many advantages to mediation, but it is not always the best option for everyone. If you are looking for a way to resolve your dispute quickly and affordably, mediation might be the right option for you.

Whipple Mercado Bay Area Mediation Can Help

Divorces can get messy, but they don’t have to be. Whipple Mercado Law is here to mediate on your and your partner’s behalf and help you both reach an amicable conclusion. You can talk to a San Ramon mediator right now by calling (925) 344-5050. You can also book a no-cost consultation with Whipple, Mercado & Associates by clicking this link.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization