WHAT IS MEDIATION AND HOW CAN USING MEDIATION, INSTEAD OF LITIGATION, HELP YOU?
- Mediation is a form of “Alternative Dispute Resolution”. That means it is a method used to resolve legal disputes without the costs, emotional drain and time associated with litigation (i.e., without having to file and prosecute a complaint through the court system).
When you hire a mediator, you are hiring a professional who is a NEUTRAL third party that will help you and your adversary to resolve your differences without a court battle. Your mediator will be able to review the facts and evidence of the case and also understand how the law applies to your specific facts.
Taking the law and applying it to your factual situation, the mediator will assist you and your adversary to assess the “pros and cons” of the positions each of you have taken in the dispute.
Moreover, your mediator will also help you to be REALISTIC about what solution(s) will WORK! It may in fact be the case that you would “win” in court, but will your adversary be able to pay? What will it cost you to get that “win”? Through mediation, you will have a resolution and it will be a resolution that actually can be satisfied, generally, with a collectible agreement and without the need to chase the defendant for payment!
- By the end of a productive mediation session, conducted with all parties acting in good faith, your mediator will likely be able to help you resolve the dispute.
At the conclusion of cases I mediate, I will provide the parties with a “Memorandum of Understanding.” The Memorandum of Understanding is then executed by the parties and becomes an agreement that you and your adversary (or adversaries, as the case may be), will use to avoid any misunderstanding with regard to the terms of the agreement(s) you made in the mediation.
- Mediation is always CONFIDENTIAL! So, if the memorandum of Understanding is breached and you do end up being forced into court, the discussions and agreements that took place during your mediation will not be able to be brought up in the litigation and cannot be used against you.
Call or email me today for more information and to see if your dispute is appropriate for mediation! It’s so easy!