Sometimes disputes leave us no choice but to take the other party to court.
Thankfully courts have begun to recognize the importance and benefits of Mediation. Courts have also started to invest in court mediations that are free or at a reduced fee to all litigants. This not only reduces the case load for the Judges but allows the litigants to play a part in the resolution of their case.
Mediation is a great tool for helping landlord and tenants, small claim issues, family matters during separation and divorce or families working together as members age and are in need of additional care or support.
Not sure what Mediation is?
Mediation is an informal process of conflict resolution. Mediated cases give the parties the opportunity to discuss their issues, clear up misunderstandings, and find areas of agreement in a way that would never be possible in a lawsuit.
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Quicker: It typically only takes only a few hours, days or weeks to mediate, whereas lawsuits typically take months or years. When parties want to get on with their lives, mediation allows a more reasonable timetable for resolving a dispute.
Less Expensive: Mediation is less expensive than a typical lawsuit. Hiring a mediator will cost significantly less than hiring a lawyer, and combined with the much quicker turnaround, you'll be paying less money over a shorter period of time. In addition, for certain types of disputes, many courts offer mediation services for free or at a nominal rate.
Less Formal: The informality of mediation allows the parties to be more engaged than they would be in a court-driven process with an abundance of rules and procedures designed to separate the parties. The mediator deals directly with the parties, so the mediator can focus the attention of the parties upon their needs and interests rather than on their stated positions.
Confidential: Unlike court cases, which are public, mediation is typically confidential, which means there are no records or transcripts of any evidence introduced during mediation. This evidence cannot be used later or revealed. This reason alone can be a great reason to use mediation rather than file a lawsuit.
Preserves Relationships: One of the most overlooked benefits of mediation is that it can help preserve relationships, business and personal, that would likely be destroyed through years of litigation. Because the parties work together to resolve issues, and because mediation isn't a win/lose process, important relationships can often be saved.
Greater Flexibility and Control: In mediation, unlike in a lawsuit, the parties are in control not just the lawyers. The parties have a much greater say in negotiations and greater control over the outcome.
Better Results: Parties generally report a better outcome as a result of mediation than they do from a lawsuit. Because there is no winner or loser, no admission of fault or guilt, and the settlement is mutually agreed upon, parties are typically more satisfied with mediation. If there is a court referred mediation that is successful, there will be no judgement against the defendant.
Greater Compliance: Finally, because mediation produces better results more quickly and cheaper, compliance with mediated dispute resolutions is generally higher than with lawsuits.
Having a successful mediation can preserve relationships that are important to you.
If you end up in court, take the time to find out if your State or County offers Mediation Services or ask the other party to join you in finding a Private Mediator near you before you get to a court date.
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