© Technology Dispute Resolution Services 2014

Technology Dispute Resolution Services

Technology Dispute Resolution Services

Why Mediate?

1.   Control over the Result.  Mediation provides the parties with an opportunity to control the outcome of the dispute and reach resolution on their own terms.  When parties go to court or arbitration, the result is given to them externally by a court or an arbitration panel at the end of the proceeding. The result may be good, bad or somewhere in between, but the parties have no control over that result.  In mediation, the parties have input into the resolution and no resolution can be reached without their consent and agreement.  

2.   Creativity in the Result.  Courts and arbitration panels are limited in the kinds of relief that they can award – they can order one party to pay money to another party, or order one party to refrain from doing something, but they cannot order the parties to agree to the terms of a new contract.  Courts and arbitration panels are largely powerless to order the parties to agree to restructure their business arrangements to modify the scope of services, the quality of services or take advantage of new technologies.  Mediation permits a broader scope of possible resolutions than one can obtain in court or arbitration.

3.  Predictability.