Parties typically engage in mediation when a neutral third party called a mediator steps in to help resolve a dispute. This gives parties an opportunity to discuss their interests, issues, feelings, and understandings of a particular legal matter.
The mediation process allows parties to explore their ideas and resolve a dispute. This occurs outside of a courtroom and is sometimes referred to as “alternative dispute resolution.” In some cases, it can replace the traditional court process entirely, however, it is usually invoked to avoid expensive and time-consuming litigation and trial while also saving both clients some attorney fees. This also gives the parties control over the outcome of a case before having to rely on someone else to tell them how the case will be decided.
Courts can mandate that a specific case go through mediation, but any resolution must be voluntary, meaning that the parties are not required to come to an agreement, the parties must find an agreement that is mutually acceptable.
Most mediations start with a joint session where the mediator will describe how the process works, explain the ground rules and session agenda. Sometimes mediators will conduct the whole session jointly, however they can move to separate sessions as well where they go back and forth between the parties. If an agreement is reached the mediator may have a written contract drawn up which is admissible in a court of law. Instances where mediation may be a good idea include:
- personal injury matters
- small business disputes
- breach of contract
- family law issues
- and real estate disputes
Complicated matters may require more than a full day of mediation with continuing negotiations after the mediation is over.
If you have a matter and would like to pursue mediation, call the attorneys at ReidGoodwin today at 804-415-7800.