Early Evaluation Is Our Hallmark: An Endorsement for Early Mediation

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Patricia Tsipras

August 28, 2024

Validation of your business approach often is encouraging.  It’s even better when the validation means that our clients meaningfully benefit from our approach.  At Rubin Fortunato, we pride ourselves on immediately evaluating each case as a critical first step.  Early evaluation and action – like engaging in early mediation – is never a sign of weakness; instead it increases the likelihood of a successful and cost-effective outcome.  Early mediation helps to reduce conflict, in addition to reducing the cost, delay, and unpredictability of more traditional adjudicatory processes, like court actions.

The U.S. Equal Employment Opportunity Commission (EEOC) recently released a report titled, Effectiveness of Alternative Dispute Resolution in the Federal Sector, which concluded that alternative dispute resolution methods (like mediation) are more effective when they are offered early in the complaint process.

Mediation is a process by which a neutral third person(s) helps parties reach a resolution of their dispute without litigation.  As the EEOC recognized:

• Mediation is most effective early in a case because the parties still may have an opportunity to preserve their relationships and prevent an escalation of conflict.
• Mediation allows parties to communicate directly and find mutually acceptable solutions without the adversarial nature of more formal proceedings.
• Resolving disputes early can save a significant amount of time and resources compared to formal litigation. It avoids lengthy procedural steps and their related costs, like discovery, motions, and court appearances.
• Mediation is generally less formal than litigation. This informality allows parties to tailor the dispute resolution process to their specific needs and issues, making it easier to explore creative solutions that may not be available through formal legal channels.
• With more formal legal channels, parties often become committed to their positions more quickly, making later attempts at mediation less effective.

The EEOC’s report correlates with Rubin Fortunato’s experiences and approach.  When faced with a dispute, let’s see how we can all get along.  If that is not possible, then we know that litigation is the correct alternative.  But it is possible and often the best course to be zealous advocates for our clients without sacrificing civility.  If you agree with our approach to dispute management and resolution, call us!

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.