Mediation helps you resolve legal issues without losing
your wallet, or your sanity.
If you have ever participated in a lawsuit or survived a
divorce, you are all too aware of the tremendous expense
and emotional stress involved. Litigation can cost you
thousands of dollars and several months, or even years
of your life. Additionally, the emotional damage caused
to every person involved can be irreparable.
Fortunately, you have a choice when faced with difficult
legal issues. Mediation is an affordable alternative to
litigation that allows you to take control of your legal
dispute without losing control of your finances.
What is Mediation?
During the last 15 years, mediation has grown into
one of the most popular alternatives for resolving civil
disputes in the United States. Many lawyers, insurance
companies, risk managers and legal departments now use
mediation on a day-to-day basis to help resolve claims
and litigation as quickly and efficiently as possible.
At a mediation session, the disputing parties meet with
an impartial person, the mediator, to attempt to reach a
mutually acceptable settlement. There are no formal
court procedures or rules of evidence, although careful
pre-mediation preparation and organization are crucial
to a successful mediation outcome. Unlike a judge or
arbitrator, the mediator has no authority to render a
decision or force the parties to accept a settlement.
Yet in the great majority of cases, the training and
ability of a professional mediator can help achieve a
final settlement of the matter which would not otherwise
be possible.
Benefits of Mediation
Everyday, consumers are realizing the benefits of
mediation. Mediation saves you time, money and
aggravation. It gives parties greater control over the
outcome of their dispute and provides an effective
setting for resolving difficult legal issues. Mediation
is:
- Confidential - Mediation proceedings are
completely confidential. Unlike the court system,
your personal information will not be made available
to the public. Many consumers fail to realize that
once you file a lawsuit your personal information
becomes public record.
- Affordable - Mediation can cost
considerably less than litigation. Parties normally
split the cost of a mediator making the hourly rate
more cost effective. Also, most mediators do not
require parties to pay a retainer fee to schedule a
mediation session.
- Convenient - Mediation sessions can be scheduled
quickly and conveniently. Sessions can be scheduled
during the day or night, and even on weekends. The
mediator works around your schedule and can even
meet with parties separately or by phone if
necessary.
- Amicable- Mediation is a fair and impartial
process. The goal of mediation is not to defeat the
other party, but to find a solution with the
assistance of a trained professional. By utilizing
mediation, you are choosing to address a problem in
a healthy and mature way that opens lines of
communication. This helps to preserve both personal
and professional relationships.
- Successful - Mediation resolves over 85% of
disputes. Historically, the overwhelming majority of
cases involved in the mediation process settle
before going to trial.
Mediation is a process where you decide the outcome
of your dispute and determine the terms of your
agreement. It is an empowering forum where you get to
make the decisions. It is also an opportunity for
parties to discuss their issues openly with the
reassurance that their communication will remain private
and within their control. Finally, if you are unable to
resolve your dispute you can always choose to litigate
the matter later. Therefore, you have nothing to lose.
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