Exages And Disadvantages Of Mediation

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A. Advantages of Mediation Mediation can provide significant advantages over litigation in interstate water disputes. Mediators can be invaluable in resolving disputes. For example, meditators can assist by setting reasonable deadlines, sidestepping aggressive tactics, and finding creative solutions for states to consider. Mediation also involves creating win-win situations, where all states can expect to benefit more than they would in litigation. In addition, water cases involve complex issues, and mediators can help manage those complexities and keep the process moving forward. Specifically, mediation has three major advantages over litigation in water disputes: 1) it saves time, 2) it saves money, and 3) it builds long-term relationships, …show more content…

States that have chosen to pursue mediation have cited the massive expenses involved in litigation as one of their primary reasons for doing so. Interstate water litigation produces massive trials that can last for decades and involve hundreds of expert witnesses. For example, in the Tri-State dispute, Georgia allocated over twenty million dollars to fund its ongoing litigation with Florida and Alabama. Due to both the process and the reduced time frame, mediation should serve to reduce costs for states. However, mediation will also have associated costs. For example, costs for experts and data collection may be significant. Nevertheless, mediation is likely to be less expensive compared to litigation because it may not require lawyers and can move at a more reasonable …show more content…

Scholars have advocated for strong and independent mediators in interstate disputes because such mediators may be the only individuals capable of bringing states to the table and keeping them there. There are three main questions for how the process of mediation will work for interstate water disputes. First, what type of mediation should states use? Second, what types of features should that mediation have? Finally, what sort of issues are likely to arise in water mediation, and what can states and mediators do to avoid

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