Mediation is advantageous in a variety of instances, but it can be especially effective for settling eminent domain disputes.  Eminent domain is an issue that pits private property owners against government organizations, something that can be extremely intimidating for the property owner.  By using mediation to settle the dispute, everyone can walk away happy with the outcome.

Mediation provides three major benefits when it comes to eminent domain disputes: it is confidential, it is low cost, and it allows the disputing parties to remain in control of the outcome.

When issues are settled through litigation, all of the information is public.  Often, this is enough to hamper settlement efforts in eminent domain cases.  Should an issue not be settled in mediation, the discussions cannot be used at a later date to help anyone build their case.  The mediator cannot even be asked to testify or disclose information.  This confidentiality allows everyone to speak freely and openly, making it easier to work toward a resolution.

Mediation also allows those involved to stay in control of the process and the resolution.  Nobody is forced to abide by a court-mandated procedure or resolution.  They can act in their own interest and consider flexible or unorthodox solutions if that’s what it takes to reach a successful outcome.  Disputing parties have control over every aspect of the mediation, beginning with the time and location of the mediation, and the actual mediator overseeing the process.

Finally, mediation is efficient.  The process saves everyone involved time and money, which can be especially important in eminent domain cases.  It avoids the expense and time-consuming nature of securing expert witnesses, culling through discovery, and paying an attorney and his or her staff to build a case.  Mediation also makes it easier to preserve the reputations of those involved.