There are so many reasons to mediate your dispute, rather than litigate it. Below are the reasons environmentally aware people would want to mediate:
Mediation vs. Litigation
- 1. You will save trees. Litigation often requires a lot of paper. I have had litigated cases that take up four banker boxes or more of papers. What is written on all of these pages? There are:
- a. Motions, responses to motions and replies to motions. During litigation, the parties can file motions requesting such things as: sanctions, temporary orders, orders compelling compliance with orders, orders for experts and orders to limit evidence at trial.
- b. Letters between counsel or parties. Some cases seem to require an exchange of correspondence almost every week. In letters, attorneys or parties make accusations, seek documents or information or exchange proposals.
- c. Documents, documents, documents. To win a case, one generally needs proof in the form of written documentation. Litigants often have to subpoena records and scour their own records to find documents. A litigant has a duty to exchange relevant documents with the other side. It is common practice to make a copy of all relevant documents for the other party or parties. Further, a litigant has to make another copy to mark as exhibits for trial and another copy to provide to the Judge. There are literally thousands of pages that get exchanged in many cases.
With mediation, there is very little paper used. Mediation facilitates the prompt and easy exchange of information and settlement offers because the parties are in close proximity (the same room or office) and are choosing to work together amicably toward a resolution. Because mediation allows for the prompt resolution of a matter, there is not even time to amass that kind of waste of paper.
- 2. You will reduce your gas usage. With mediation, the matter can often be finalized in one or two sessions. By contrast, litigants often have to drive to and from court multiple times – for status conferences, hearings and trial. Litigants also have to travel to and from their lawyers’ offices and sometimes their experts’ offices as well.
To limit your carbon footprint (and limit your stress, cost and risk), mediation is the smart choice.
Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.
