While most individuals only think of in-court-litigation when they consider a lawyer, mediation, an intervention in a dispute in order to resolve it, is a popular form of alternative dispute resolution. In many situations it provides both parties with a good opportunity to resolve their differences without having to go to court. There are, however, drawbacks to the mediation process. So, before you agree to engage in mediation, it is imperative to think about whether it is the best route for you to settle your current dispute.
To help you better understand the advantages of mediation, here is a list of pros: Price: Mediation costs are often significantly less than litigating a dispute in court. Time: Courts and judges are often backlogged and cannot hear cases as quickly as plaintiffs would like. Mediations, on the other hand, can be scheduled at the convenience of the parties and the mediator. This is especially advantageous in the case of divorce. Control: If your case goes to court, then you are bound by the findings of the judge or arbitrator. However, in order for a mediation agreement to be enforceable you have to sign it and approve it. Without your consent, the agreement has no effect. Litigation is Always an Option: If you do not like the outcome of the mediation or do not reach a mediation agreement, you can always proceed to court.
Where there’s an upside, there’s always a downside. Here is a list of cons regarding mediation. It Can Waste Time & Money:While mediations are often marketed as being both economically and time efficient, that marketing assumes that both parties are honestly willing to mediate the dispute. That is not always the case. While mediations are typically less expensive and take less time than court cases, the cost, and obviously the time it took, are not non-refundable and often require both parties to seek monies in court. All Mediators are Not the Same: You may end up with a mediator who is new to the business or who helps draft a mediation agreement that is incomplete. There are also times you can end up with a mediator who has been through a dispute similar to yours and has a definite bias in favor of one party. Seek references from your attorney or your friends for personal recommendations and to ask any potential mediator specific questions such as how long that person has been a mediator. Information Is Not Made Public:Sometimes, having your case information made public can be to your advantage. For example, an employee who was treated unfairly might want that information to be accessible to the media in the hopes that it will help dissuade the company from acting that way in the future.
We Won’t Waste Your Money
As you should with any important decision, weigh the pros and cons of mediation in reference to your case. At the Law Office of Ronald L. Kossack, we can help you make that decision.We take a team approach to helping with your law matter and will aggressively fight for your desired results. To speak with an attorney about your law matter, contact our offices online or by calling 480-345-2652.