OPINION: Mediation can be a beneficial way or resolving disputes

In life, conflict is inevitable. A prolonged conflict, however, is not. Parties involved in a dispute always have the option of resolving their differences at any time.

The 2nd Judicial District Court in Bernalillo County sponsors dispute resolution programs. The Center for Self Help and Dispute Resolution provides a process called alternative methods of dispute resolution (ADR). The goal of ADR is the early, fair, efficient, cost-effective and informal resolution of disputes through court-ordered settlement facilitation and arbitration.

Likewise, other district courts around New Mexico provide settlement facilitation and arbitration services to the public. A description of these services and programs can easily be accessed through the internet at ADR on the New Mexico Courts' website.

The mediation process is very simple. Either of the parties to a dispute agree to, or the court orders, the appointment of an individual as a mediator, usually a lawyer or retired judge. The mediator sets a time and place for the mediation. The parties are situated in separate quarters, and the mediator goes back and forth between them, explaining the strengths and weaknesses of their cases. Ideally, the mediator helps the parties to arrive at a mutually acceptable resolution.

Court-ordered mediation can help litigants avoid the effects of prolonged litigation. While the parties to mediation are not required to come to an agreement, there may be potential benefits for them if they can voluntarily resolve their dispute.

First, mediation helps parties to avoid litigation expenses. The parties to a lawsuit normally incur attorneys’ fees, court costs, jury fees, expert witness fees and the costs of exhibit preparation, just to name a few of the legal expenses. In some cases, the losing party will be ordered to pay the other party’s expenses, as well. When disputes are mediated, the parties typically bear their own costs.

Second, mediation can reduce uncertainty. A successful result in a civil lawsuit is never guaranteed. Whether the case is decided by a jury, or by a judge in a bench trial, there is no way to predict what the outcome of a case actually will be. Mediation allows the parties to retain control over the dispute and its ultimate resolution.

Third, litigation often adversely affects the physical and mental conditions of the litigants. “A study concerning the emotional repercussions of litigation reported symptoms of isolation, negative self-image ... development or exacerbation of physical illness, and subsequent depression. The prolonged nature of the litigation fosters depression, a sense of not being in control, and the associated feeling of helplessness,” Sandra Tunajek, director of the Council for Public Interest in Anesthesia, wrote in “Dealing with Litigation Stress Syndrome” in the July 2007 news bulletin of the American Association of Nurse Anesthesiology. Early mediation of a dispute may help to eliminate the physical and emotional toll which prolonged litigation has on the parties.

Certainly, there are many other reasons why litigants should be open-minded to the mediation and potential settlement of their claims early on in a lawsuit. In the final analysis, mediation of a civil dispute offers an alternative to full-scale litigation, up to and including trial on the merits.

Daniel Ramczyk is a judge in the 2nd Judicial District Court.