Mediation is a way of resolving legal disputes outside of the courtroom. If both parties agree to mediation, neither must appear in court. The mediator serves as a facilitator of the negotiations, offering legal information so that the parties can reach an agreement on their disputes.
Benefits of mediation
Since mediation doesn’t necessitate both parties appearing in court, one of the benefits is confidentiality. It is also convenient if one of the parties lives out of state or would otherwise have to travel a long distance. Mediation is significantly less expensive than a long, drawn-out court battle.
When can mediation be used?
Mediation may be right for your case. Your attorney can advise you on whether your case qualifies for mediation. In general, though, mediation is often right for many issues, including:
- Commercial transactions
- Personal injury
- Construction disputes
- Workers compensation
- Divorce
- Domestic relations
- Employment matters
- Disputes between business partners
The importance of rationale
If mediation fails to resolve the problem, the next step is courtroom litigation. Obviously, it’s better to be able to come to a mutually agreeable resolution and to avoid a lengthy court battle. For this reason, all parties to a mediation should approach the process with an open mind and a willingness to compromise. All communication should be respectful and non-judgmental so that no one feels the need to go on the defensive.
If you’re involved in a pending dispute or you’d like to learn more about your mediation options, an attorney experienced in mediation can help.
