An individual who is experienced in aviation mediation can explain that one of the distinct advantages of pursuing mediation is that this process helps provide clarity to the dispute. Both parties can develop a better understanding of the risk factors that are inherent in litigation as well as specific to their individual case with the help of a neutral mediator who conducts aviation mediation.
Aviation cases can be quite complex. Whether it is under FAR Part 135, 121, or 95, you need a mediator with a background in this industry. A mediator experienced in aviation mediation can more easily understand the mechanics and technology involved in these types of disputes, while juries in these type of cases are not as likely to have this level of understanding.
An aviation mediator can also point out that expert witnesses are often a part of this complex type of litigation. Relying on such experts in a trial can be risky and expensive for both parties. The case may largely be decided upon by a jury based on what party had the better expert witness.
Another potential risk, if the defendant is a 121 carrier, is the negative publicity associated with claims of pilot error or that the aircraft was not maintained in a safe manner. Even if the claim is ultimately decided in favor of the defendant, this type of negative attention can have a significant impact on the financial well-being of the operator. Rather than face these risks, the parties may mutually agree to resolve their claim through mediation.