When two parties cannot come to an amicable solution, sometimes they call upon a mediator to help settle the issue. Mediation is a method of alternative dispute resolution that utilizes an unbiased third party. The mediator does not make a decision but rather provides suggestions and helps to create the dialogue to come to an agreement.
Why mediation?
Mediation is typically quicker, less expensive and a more simplistic way to settle a dispute. It allows both parties to consider all the situations that might have led to the dispute instead of a narrow legal issue. The question of fault and right or wrong is typically not the focus of the discussions, rather coming to an adequate resolution is the goal.
Should you use mediation?
If you are in a position of being unable or even unwilling to resolve a dispute, using mediation is a good option to provide a resolution. Mediation is a short term process which is very structured. The mediator works with both parties by overseeing the exchange of information. They help them find a common ground and resolve unrealistic expectations while determining appropriate solutions. They may also be called upon to draft a settlement.
When mediation is necessary
Mediation is typically a voluntary exercise but can also be court ordered. It is common in a small claims situation, housing issues and family law. It is also occasionally used in criminal court proceedings. While a litigation process involves a judge making the final decisions, in mediation, both parties and the mediator work together to determine the terms of the both the mediation process as well as the final agreement.
After a resolution is reached
When the mediation process is concluded the final agreement can be either oral or written. The laws in the jurisdiction in which the mediation occurs will determine if the agreement is binding. If an agreement cannot be reached the parties can pursue other legal measures to make their claims.
At Skinner & Associates, we are pleased to announce that in addition to our full range of legal practice areas, we are also certified to help clients through the mediation process. If you are considering mediation to settle a legal dispute, contact our trusted team today.
The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.
Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.