Mediation on the Rise
Whatever your issue, be it divorce, bankruptcy, or medical malpractice suits, many people are increasingly considering mediation over going through the litigation process. Mediation unlike attorney services offers a more speedy and inexpensive resolution. In some situations, such as bankruptcy, it is the courts who decide to use mediation in order to relieve themselves of significant overload of cases.
However you come to use the process, the good new is mediation can reduce disputes that would ordinarily take months to settle down to a few hours, resulting in significantly lower costs incurred for both parties. Another attractive benefit to each party, especially in divorce, is that each party has control over the entire process, as well as in crafting the resulting agreement, as the mediator has no authority to decide a case, but merely helps either party come to the most practical, equally beneficial decision.
Most civil cases can be mediated, but depending on your issue, the details of mediation change. For simpler matters, such as some disputes between employees and employers, it’s easy to find a mediator free of charge through local mediator centers or through resources such as the United States Equal Opportunity Commission, a center that offers mediator services completely free.
Most mediation proceedings don’t require a lawyer as the parties involved are working together to effectively negotiate, instead of presenting a convincing argument to a judge to make their case more appealing than that of the other party. Additionally, the mediator process is fairly structured and very straightforward, and requires you to follow just a few simple rules.
However, in complex issues i.e., breach of contract or substantial property rights, you’ll want a lawyer present to help you navigate settlement terms, and ensure you know exactly what you’ve agreed to in the settlement. If you do end up seeking out the services of a lawyer, it is important to search for someone who will support you through the process, by first supporting the process itself, especially if you’d like more than just a beginning consultation.
NOLO Legal Encyclopedia suggests questions to ask a lawyer you’re thinking of hiring to mediate, as well as strategies for clarifying the terms of your agreement. Most lawyers will charge hourly rates for services.
One especially important concept for anyone going through the mediator process: it’s very short, and completely in the control of the two parties involved. This brings up the fairly crucial necessity of doing the appropriate amount of homework ahead of time to make sure you’re able to effectively navigate through the process, especially in highly technical mediation cases, such bankruptcy.
The Department of Defense suggests tips for successfully conducting yourself through the process, such as leaving it to the mediator to set the pace, making a compelling opening statement, and speaking openly and plainly during the process.
Because cooperation is the intention of the entire process, mediation has a high potential for success for those willing to do the necessary preparation.