If you are involved in a legal dispute, you may be somewhat relieved to hear that mediation has been agreed upon by both parties and you will not be subjected to a long, drawn-out, expensive court battle. There is still, however, a dispute to be resolved. If you have never been part of a mediation process before, you are probably wondering what to expect.
Mediation is Often Encouraged by the Courts
Mediation is not only a popular alternative to litigation, it is often encouraged—and sometimes participation is even required by the courts, meaning also that if an agreement is reached it is considered binding by the traditional legal system. Whether you are involved in a minor squabble or a more complex and serious legal business issue, mediation can offer a way to air out the issues as well as preserving a valuable working relationship that you may have had for years and want to continue with. This can be beneficial for longstanding business partners, vendors whose services are necessary, and other parties who may not only have friendships on the line, but substantial financial positions to consider as well.
The Mediator is a Neutral Party, Assisting in Dispute Resolution
The mediator is chosen by the parties involved to offer their services as a neutral party who assists in dispute resolution but does not decide the case. The mediator (who may also establish where the process will be held) will explain to everyone how the process works and then help them in communicating with each other and discussing options for settlement. Sometimes they may be able to give everyone involved a push in the right direction if they have become stuck in overly rigid thinking regarding the dispute or when emotions start to run high.
Mediation Allows for Numerous Benefits & More Expedient Resolution
With the parties meeting outside of the courtroom in a more casual setting, those involved can look forward to greater flexibility in scheduling, usually leading to expediency in resolution also. The agreement is considered binding once it has been agreed to by both parties and has been presented by the mediator in writing, and signed off on by those authorized to reach a decision. In some cases, a resolution is not reached, and the dispute may have to be settled in court instead.
Contact Us for Help Now
Attorney Shane Coons is highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. If you have a legal issue and want to learn more about the best alternative dispute resolution process for your case, please call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.