What is mediation?

On Behalf of | Jan 9, 2022 | Mediation |

When Georgia residents think of attorneys, they often think of going to court and arguing the two sides to a lawsuit. While many legal matters resolve this way, litigation is not the only path available to individuals with conflicts under the law. Mediation is an option for those who are willing to work with their adversaries to find common ground.

Differences between mediation and litigation

One of the biggest differences between mediation and litigation is that mediation does not happen in court before a judge. Rather, in mediation the parties to a conflict work with a third-party mediator. That individual is neutral and does not represent either side in the conflict.

The job of the mediator is to help the parties understand their conflict and the options they have for resolving it. The mediator does not make a final decision that binds the parties to the outcome; rather, the parties agree to a solution that resolves their outstanding conflict. If mediation fails, the parties can always go to court and litigate their claims.

Who benefits from mediation?

It is important to recognize that not all conflicts will resolve through mediation. There are situations, such as where the parties have imbalanced power or other circumstances, where mediation may not work. However, in business, relationships, and real estate matters, many conflicts can be resolved through guided conversation and cooperation.

Litigation is a common way to settle legal differences. Mediation is also an option for many unresolved legal questions. For those who are willing to try mediation, research into attorneys and firms that offer mediation services is key. The law firm of Boling Rice works with mediation clients and prepared to consult with new individuals on their unresolved legal cases.