Tag Archives: Libel

Key Advantages of Mediating a Libel or Defamation Claim

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Libel or defamation cases arise when someone makes a negative, false statement about another person or business verbally or in writing. Mediation has been highly successful in the libel and defamation context for several reasons, including the following:

Limited Publicity

One of the most damaging aspects of a libel or defamation case is negative publicity. If the plaintiff wants to pursue the case, there is additional attention on what the negative statement is. Mediation is confidential, so there are no any unauthorized parties who will hear additional information. In litigation, there may be more exposure to the case, which can negatively impact the parties.

Opportunity to Correct Action

In litigation, the possible relief is usually very limited. A judge or jury may be empowered to award financial damages but may be unable to offer any other form of relief. In mediation, the parties may agree to a retraction, a positive review or some other action that improves the image of the plaintiff.

Cost Savings

Litigation is expensive. There may be a flurry of motions to try to dispose of the case or to reach an early resolution of it. However, these motions often involve substantial attorney time and may exponentially increase the cost of litigation. Mediation is much more affordable. The parties can save on attorneys’ fees if they are able to reach an agreement in mediation. They can also split the costs of the mediator.

Time Efficiency

Libel and defamation cases often take more than a year from the filing date to be heard. During this time, the aggrieved party may continue to suffer from the harm to his or her reputation. This may cause him or her to lose business from others or miss out on important opportunities.

The Mediation of Libel or Defamation Claims

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Libel or defamation cases may arise when someone says something negative about another person such as a business owner that has an adverse effect on his or her reputation. This statement may even be in written form, such as a publication made to the media or a negative review of services. Businesses are particularly concerned about their public image because a negative interaction can cost them business from others down the line. When parties confront these legal challenges, they may decide to litigate the case, or they may decide to mediate it.

There are important differences between mediation and litigation. In litigation, the issues become very public. This can be a significant drawback in defamation cases that arise because of negative publicity. Having the case litigated in court may make the matter even more public and bring more exposure to the case. Mediation is confidential and private. What is discussed is not shared with the outside world. This helps preserve the privacy of the parties.

Litigation has limited remedies available to the parties. It can order a defendant to stop saying negative things about the plaintiff, but if the defendant fails to do so, the parties usually wind back up in court. The court can order the defendant to pay damages to make the plaintiff whole after taking a hit to his or her professional credibility, but then the plaintiff has to try to enforce the judgment, which is often a long and difficult process. Mediation can help the parties resolve a problem much faster than traditional litigation. Additionally, the solutions are often much faster, such as the parties agreeing not to say negative things about each other in public. Mediation can also save the defendant from the potential risk of being ordered to pay sizable damages.