Mediation. Is That the Best Direction?

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Mediation. Is That the Best Direction?

Life if full of ups and downs, and the downs can really take their toll on us.   Perhaps it is best to address those “downs”, if they involve legal disputes between you and someone else, in the simplest and least stressful and most calculated way. Perhaps they owe you money or they say that you owe them money.  Perhaps they have breached a contract or say you have. Perhaps they have offended you in some way or say you have offended them.  Issues rise between parties over many things… it’s all in the course of life.

Sometimes a lawsuit may be necessary, but many times, I dare say most of the time, if both parties are willing to take the opportunity to attempt to resolve their differences, Mediation can work.  Mediation by a knowledgeable and impartial “referee” who really cares that the dispute gets resolved can help.  Mediation is done by a Certified Mediator, who: 1) diligently works to understand the things in issue; 2) holds the communications confidential; 3) is fair in going back and forth in an attempt to bring about reasonable and effective compromise.

Yes, if there is a genuine dispute, compromise without loss of principles is a wonderful resolution.

Successful Pre-suit Mediation can bring about an inexpensive solution to a matter that could go to court and have expense along with the time and stress, which cannot be measured.  Often no one wins!

If the route of litigation is pursued first, most of the time, an attorney should be engaged to assure efficiency and proper presentation.  That costs money.  The attorney has to familiarize himself/herself with the situation and do things that you may not even understand or appreciate.   Generally, the Court directs the parties to Mediation, and surely if it hasn’t already taken place.  If the other side gets an attorney, the case often enters a whole different level of competition.   Expenses mount related to discovery and hearings and then trial.  A small battle can often become a full-fledged war.  War should be avoided if at all possible!

When parties take on a mind of resolution and compromise and going on to bigger and better priorities, Mediation really makes sense.  Many times retaining the services of an attorney just for Mediation makes sense if there are some complicated legal matters to be addressed.  A good Mediator, though they cannot give either side legal advice, can assist the parties in reaching a good result.


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