What is Mediation?
Mediation is working out a dispute with the guidance of an experienced mediator so that going to court is not necessary. Mediation is voluntary; either side can walk out at any stage of the mediation if they want. Mediation is cheaper, quicker, confidential, allows flexible outcomes that judges might not be able to carry out, and does not require the parties to hire attorneys. A more detailed description of the reasons to mediate is provided here.
Mediation is often used in family law cases, automobile accidents, landlord tenant cases, other money disputes of large and small sums, and employment cases. Mediation can be successfully used in almost any non-criminal legal dispute.
A mediator doesn’t represent either side or “take sides.” A mediator is neutral. A mediator’s sole job is to get the parties to a dispute to resolve the dispute. The mediator doesn’t decide the dispute; the parties do.
This often involves getting the parties around a conference table without the adversarial nature of a court room. It involves the mediator confidentially telling each side why his or her position might not succeed in court. It also involves the mediator, who is experienced in crafting final settlement documents, writing up a document that resolves the dispute. Finally, a mediator’s job is also to smooth over ruffled feathers and help the parties “bury the hatchet” and get on with their lives.
Even if a court case has already been filed, mediation is possible (and encouraged by judges) to wrap up the dispute before it drags through the courts. In fact, the side offering to mediate is often viewed favorably by the judge if the other side refused to mediate. There is no downside to suggesting mediation to the other side.
What is Mediation?
Mediation is working out a dispute with the guidance of an experienced mediator so that going to court is not necessary. Mediation is voluntary; either side can walk out at any stage of the mediation if they want. Mediation is cheaper, quicker, confidential, allows flexible outcomes that judges might not be able to carry out, and does not require the parties to hire attorneys. A more detailed description of the reasons to mediate is provided here.
Mediation is often used in family law cases, automobile accidents, landlord tenant cases, other money disputes of large and small sums, and employment cases. Mediation can be successfully used in almost any non-criminal legal dispute.
A mediator doesn’t represent either side or “take sides.” A mediator is neutral. A mediator’s sole job is to get the parties to a dispute to resolve the dispute. The mediator doesn’t decide the dispute; the parties do.
This often involves getting the parties around a conference table without the adversarial nature of a court room. It involves the mediator confidentially telling each side why his or her position might not succeed in court. It also involves the mediator, who is experienced in crafting final settlement documents, writing up a document that resolves the dispute. Finally, a mediator’s job is also to smooth over ruffled feathers and help the parties “bury the hatchet” and get on with their lives.
Even if a court case has already been filed, mediation is possible (and encouraged by judges) to wrap up the dispute before it drags through the courts. In fact, the side offering to mediate is often viewed favorably by the judge if the other side refused to mediate. There is no downside to suggesting mediation to the other side.