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Mediation – Is it for you?

It’s Mediation, not to be confused with meditation. A lot of people wish they could meditate their problems away……I digress…Mediation is a procedure where the parties, with or without attorneys, though I advise you to go to mediation with an attorney, go to a Mediator to try to work out a settlement. Mediation can be helpful as a “process” to get the parties on the path to resolving their case, but the goal of the mediation is to resolve all of the issues in your case.  If Mediation is successful, then there will be a report and agreement drafted.

At times only a temporary or partial agreement is reached. This still is helpful. Any time the parties can avoid litigation expense, even by agreeing on a few specific issues, it is considered a win-win.  WHAT IS A WIN/ WIN? Most Mediations end with both parties compromising…..which is just the reality that leads to settlement.

Another benefit to mediation is the potential for mediation to be a more positive and less adversarial process than litigation. In litigation, even if the parties are cooperating and trying to settle the case, it’s hard for everyone not to have in the back of their mind that they’re involved in something that ultimately can end in a trial – a fight, where someone can win and someone can lose.

Mediation is confidential. It’s just like Vegas…what happens in mediation stays in mediation…. The mediator must maintain confidentiality in all information revealed during mediation except where disclosure is required by law. All oral or written communications in mediation are confidential and inadmissible as evidence in any subsequent legal proceeding, unless both parties agree otherwise. The reason for the rule is to encourage people to talk openly and honestly, without fear of something said in mediation being used against them.

At times the parties and their attorneys can meet in one room together. Alternatively, the mediator is permitted to meet and speak privately with any participant and his or her attorney. This usually happens when the mediator or an attorney or participant thinks it will help move the discussion toward a solution. Any information obtained may not be revealed by the mediator to any other mediation participant without the consent of the disclosing party.

In summary

Mediation is an alternate dispute resolution

Mediation is your chance to settle your case without a judge deciding your fate

Be the master of your legal destiny…mediate

What happens in Mediation stays in Mediation

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