Mediation is an area I don’t often write about. However, given that Marcie is a mediator as well as the fact that mediation plays a big role in legal disputes, I thought I would take some time today to share some fast facts and “what to knows” about mediation.
1.) Get Advice
- Know the pros and cons of mediation and what it means for your case
- Talk with your attorney about who to select as your mediator
- Discuss with your attorney what the process entails so you can enter mediation with an understanding and goals of what you hope to have as a result
2.) Keep it Civil
- The goal of mediation should be to try and compromise or settle the dispute. You should not use this time to have another argument. Rather, you should seek to make this as beneficial for both parties as possible so that it doesn’t become a waste of time.
- That being said, sometimes agreements just are not reached. This is okay, but it is also important to enter with an open mind to see if an agreement can possibly be reached.
3.) Don’t Sign if you don’t Agree
- An agreement that you sign is BINDING. Before you sign, make sure to take some time to discuss with your attorney to understand everything in the agreement and how it will affect your case.
4.) What are the Advantages?
- It allows for problem-solving outside of court that can benefit both parties.
- It gives parties more control in the overall decision making
- Agreements are made that benefit the parties to their specific case based on the needs and compromises of both parties.
5.) It is much less formal than going to court
- Think of mediation as a conversation to yield the best possible result. Instead of being in front of a judge, you will be in a more informal setting, like your attorney’s office. This allows you to feel more comfortable as well as gives you more confidence to have a say in the agreement that you hope to reach.
I hope that you have found this blog informative. Mediation can be an incredibly helpful way to settle legal disputes amicably, save you money, and maybe even keep you out of the courtroom. Feel free to contact our office to learn more, or to ask any follow-up questions that you may have!
***This blog is meant to be informational only and does not constitute any form of legal advice. If you have any further questions about mediation or a legal manner, please fill out our contact form or call our office and we would be happy to assist you.
Sources: https://www.kraayeveld.com/settlement/mediation/ten-things-to-remember-when-attending-mediation/
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