Legal Mediation Services
Two or more disputing parties can reach a favorable resolution by participating in a powerful and effective negotiation during mediation. In mediation, a neutral third party facilitates the negotiation process between two disputing entities. The mediator’s role is not to direct the negotiations but to make the negotiation process seamless and effective. Disputing entities seeking to avoid going to trial normally choose mediation and other alternative dispute resolution (ADR) options. A skilled and experienced business lawyer can help businesses resolve their issues amicably in mediation.
Why Choose Mediation
Mediation is a great alternative for entities seeking to avoid a long drawn out court dispute. Nobody wants to spend years in court trying to resolve a dispute that may go either way. Long drawn out cases are expensive but mediation may last only a couple of hours and is more cost effective. Other reasons to choose mediation include:
- Confidentiality: Only the parties involved in the mediation know the content or progress of the mediation. Court disputes happen in public meaning that the content of the dispute will be open to the public.
- Control: Parties in mediation can arrive at a mutual agreement that is favorable to them with the help of a mediator. But in a court, the judge has all the control and decides how the dispute should be resolved.
- Neutral mediators: The mediator is neutral and only guides the parties involved in the mediation to a broader range of solutions. Mediators have the skill and experience to work in difficult situations.
How Mediation Works
Mediation is a more flexible process that allows the disputing parties to come up with more creative solutions. A mediator can either speak privately with each of the two parties or get the two disputing parties together for a discussion. The mediator will try to find common goals between the disputing parties and put proposals on the table for resolving the difficult issues. This is done so that the parties involved can come to a voluntary non-coerced decision. The mediator will define protocol and set a time frame for the process. If the mediation is successful, the parties involved sign an agreement or a memorandum that they have agreed to. They may also make the agreement enforceable in court so that a judge can enforce the agreement if one party breaches it.
Can Family Disputes Benefit From Mediation?
Divorce often comes with baggage such as division of assets, child support, visitation, tax filings, and more. Couples going through a divorce can benefit from mediation because it is less expensive and takes a shorter time compared to the court process. The fact that mediation is confidential is also great for divorcing couples that do not want to “air their dirty linen” in public. You are also more likely to come up with an agreement that is more favorable to you, your ex and your child in mediation than in a court process. For instance, sometimes courts order the non-custodial parent to pay more for child support than they can afford.