Mediation is one of the fastest and most efficient paths for solving problems. In our experience, it has a high probability of successful resolution and also provides you with a multitude of options. We have even solved cases that have been ongoing for many years by using mediation. Here are some of the other benefits of utilizing mediation:
Mediation can occur before a lawsuit is filed or any time up until trial. One of the best aspects of mediation is that it gives both parties the chance to reach an agreement without risk to the impending case. If an agreement cannot be found, the case can continue without any bias to either party’s cases because mediation discussions are barred by law from being used as evidence in a trial.
Agreements made through mediation are reached voluntarily. Because of this, a mediation has a much higher chance of preventing frustration in the future because both sides have agreed to the terms, as opposed to trial and arbitration, where the outcome cannot be negotiated.
How It Works
From beginning to end, the mediation process proceeds in a very non- confrontational manner.
Mediation has the opportunity to highlight aspects of the case that may not have been made clear previously. Perhaps one party has a very strong argument but it relies on evidence that cannot be used at trial, or maybe one side has an argument that is valid, but is almost never accepted in the given jurisdiction. These types of nuances can be pointed out during mediation, and may motivate both sides to come to a compromise that ends the conflict. An experienced mediator can inform both parties of the strengths and weaknesses of their arguments and often allows both parties to arrive at a fair conclusion. This process is generally accomplished in half day or full day sessions.
We have represented clients during a mediation, and we have acted as the mediator as well. Sometimes a solution is only a day of mediation away. If you think that mediation could be a possible way to resolve your situation and would like some more information, please give us a call. We can examine the facts of your case and further discuss whether mediation is the best path forward.