October 2024 - Mediation – What It Is and How to Use It

When the parties involved can’t resolve their disagreements on their own, they often turn to the courts for help. Lawsuits can be stressful and expensive, but there is an alternative and that is mediation.

Mediation is a group negotiation process in which both parties, with the guidance of a mediator, attempt to settle their issues to their mutual satisfaction without the additional stress and adversarial nature of a trial. To do this successfully, both parties must be clear as to what’s most important to them and be willing to negotiate and consider terms and trade-offs they would find acceptable.

The process can be used to resolve a variety of issues, including:

• Family disputes (divorce terms, child custody matters)
• Personal injury claims (car accidents, workplace injuries)
• Breach of contract issues
• Intellectual property disputes (trademark, copyright & patent infringements)
• Employment litigation (harassment or discrimination claims)
• Probate matters (breaches of fiduciary responsibilities by executors or trustees)

Mediators help their clients by analyzing all alternative solutions; pointing out the best possible outcome their client could expect at trial vs. the worst possible outcome as well as what the most likely outcome could be.

There are many advantages to choosing mediation. Mediation:

• Helps reduce stress by using a less confrontational, more supportive approach to resolution.
• Saves time and money. Negotiations can be scheduled at the convenience of the parties involved rather than according to a court calendar, and issues are often resolved within a few sessions, rather than the months or years it could take for a trial.
• Empowers all parties involved because both sides have a say in the outcome, whereas in court, the judge has the final decision.
• Promotes long-term cooperation because of its collaborative nature.

Not every issue is suitable for mediation. Whether yours is a divorce, child custody matter, business dispute or other legal issue, your attorney is in the best position to advise you on the most effective route for resolving your case.