Resolve Your Dispute Without Going To Court

Choosing mediation over litigation in a civil dispute

On Behalf of | Jun 26, 2023 | Uncategorized

It is no secret that settling a disagreement in court can be expensive and time-consuming. There are also plenty of instances where the court’s decision does not satisfy either party. Those seeking an alternative to spending thousands of dollars in court or who wish to avoid trial can look into mediation.

What is mediation?

Mediation is a process in which a neutral third party – a mediator – facilitates conversation between two parties involved in a dispute. Both parties can be present in one room, or the mediator may speak to each party separately.

To enable both parties to reach a fair and reasonable decision, the mediator may request all relevant documents and information from each party. However, it is still up to each party’s attorney to advise their clients.

The mediator’s role is merely to guide the conversation so that both parties can make a well-informed decision about the outcome of their case rather than leaving it to a judge or jury.

Civil cases that can benefit from mediation

Mediation is often associated with divorce settlements. However, individuals may seek mediation for almost any civil dispute to obtain compensation or settlement from another party without going to trial. Mediation may apply to the following cases:

  • Personal injury
  • Estate administration
  • Wrongful termination
  • Breach of contract
  • Family law
  • Medical negligence

Benefits of mediation in a civil dispute

Mediation can be a quicker and less expensive alternative when neither side has the resources nor the time to go to court. Mediation can be done in a single day instead of going to trial, which can take weeks or months. Furthermore, mediation has no winners or losers because it helps both parties reach a compromise.

A mediator does not deliver decisions or make judgments. They simply facilitate the conversation by looking at the potential outcomes available to both sides after evaluating the case’s strengths and weaknesses. Mediation’s biggest advantage is that it provides both parties control by allowing them to come up with a solution that benefits both of them rather than having to comply with a court order.