Finding a legal resolution through mediation
To say legal disputes can get messy is quite an understatement. And court is the last place you want to be with someone that you were previously close with.
The good news is that there are alternatives. We’re going to look at mediation, an effective legal process that can be used to handle complicated disputes when there’s a need to preserve the relationship. We’re going to look at the ins and outs of this process, so you can figure out whether or not it’s in your best interest for your particular dispute.
What is mediation?
In a basic sense, mediation is a structured negotiation process with a third party involved. The third, independent party is known as the mediator and is brought in to help assist the groups identify and assess the different options they have for resolving disputes.
Mediation is useful if there is a need for parties to find a way to preserve their relationship and the possibility that a judge’s decision won’t resolve the dispute.
It also has the following advantages:
- Time – mediation tends to resolve disputes much quicker than a trial.
- Cost – mediation avoids the costs of preparing and running a trial entirely.
- Flexibility – mediation gives both parties more control over the outcome.
- Stress – mediation is less formal, and a much more relaxed environment.
- Confidentiality – mediation by its nature is private and a judge is not informed.
- Satisfaction – because both parties have had an influence in the decisions it’s more likely to please everybody.
- Finality – the settlement can only be modified with agreement of all parties.
How does it work?
Basically, before a mediation commences, the mediator will consult both parties with a view to figure out the best process for coming to a dispute. This will also generally involve a discussion about the background of the matter and issues involved.
The process itself is flexible and tailored to the circumstances. Mediators may assist the flow of negotiations and offer different perspectives. In the end if the parties come to an agreement the matter is settled in full or in part or if a conclusion is unable to be reached a trial may be necessary depending on the circumstances of the dispute.
Have you ever found yourself in a legal dispute and how did you cope? Do you think mediation is an option you might look into exploring now?
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