What is mediation? Mediation is a method of resolving disputes
without resorting to a trial or other types of battle. During a mediation, a
mediator or mediator team works towards bringing the parties to a negotiated
agreement. This may happen as a result of the parties being brought closer to
understanding each other’s positions.
As the practice of
litigation becomes more specialized and costs continue to rise, mediation is
becoming the more attractive alternative to all-or-nothing court proceedings.
What are the benefits of
mediation?
- It is more cost effective than complicated litigation.
- Unlike a trial, mediation proceedings are not a matter
of public record, and therefore the mediation process allows more privacy
than a trial. - Mediation may be more appropriate for cases that
involve family members and personal issues. - In the court room, there usually can only be one
winner. - An outsider decides your case at trial. In mediation,
the parties participate in deciding their own fates. - The mediator, by definition, is a neutral third party,
and will not pick sides. Neutrality is promoted by splitting costs between
the parties. However, the parties are free to make other payment
arrangements. - If the case is not resolved in mediation, the mediation
has no effect (negative or positive) on the case. - In complicated cases, parts of the case may be more
easily resolved in mediation before litigation begins. - With few exceptions, such as reports of child or elder
abuse that arise during mediation, the mediator maintains confidentiality
of the parties.
Several other benefits
may exist with mediation that do not exist in trial or in arbitration. Consult
your attorney to determine whether your case is appropriate for mediation. Visit McNichol Law Office (www.McNicholLawOffice.com) for more information and to see if we can help with your case.
Posted by debmcnichol 
