Choosing a Mediator: Understanding Their Different Styles & Finding a Good Fit

mediators

If you have found yourself in the middle of a legal dispute, you may be worried about the court process, the time and money to be expended ahead, and of course—the outcome. Litigation can often be a lengthy endeavor, beginning with inflexible scheduling and court dockets so clogged that it means months before your case can be heard. The process is often adversarial, and the stress may be overwhelming. Along with that, personal and business relationships may be severed forever as arguments commence.

Some court cases today involve court-ordered mediation as part of the process, but many are also voluntary as disputing parties attempt alternative resolution. There are many reasons that mediation has become popular in past decades, especially as it offers a much more relaxed setting. One party may suggest a mediator, or both may decide together (and sometimes it is a sign of good faith to allow the other party to choose), but it is important to realize that mediators vary in their approaches. They may also tailor a certain approach to the type of case or level of adversity between the parties.

You may want to interview several different types of mediators, and it could be possible that the other party forces the issue if they disagree with the initial choice. No matter the style of the mediation and the mediator, their job is to remain neutral. Their job is also to help you and the other party reach a resolution through guiding you but not deciding the case for you. Once you have reached an agreement and all authorized parties sign off on it, the mediation documents are binding and enforceable in a court of law. All parties are expected to be fully apprised of the settlement details and to act as promised in the agreement.

Most mediations are successful, less expensive, less time-consuming, and less stressful. You may choose a mediator who tends to be more facilitative, guiding gently without offering their own thoughts. In an evaluative mode, the mediator may be more the opposite, voicing opinions and making recommendations to the group. They may choose to meet with you ahead of time and learn more about the dispute, from both parties separately, and then advise on what approach would work best.

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.

 

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