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CAN I STAY OUT OF COURT? ARE THERE ANY ALTERNATIVES MEDIATION Yes. In
mediation, a neutral person, the mediator, is agreed to by both sides to help
them reach a resolution of their dispute. The mediator does
not decide the case; the mediator helps
the parties to reach an accord. Mediation can be agreed to before a lawsuit has
been filed or after a hearing has started.
When parties have agreed to arbitrate a dispute, they may first try
mediation, if it fails, they can then go on to arbitration or court. WHAT
ARE THE ADVANTAGES OF "ALTERNATIVE DISPUTE RESOLUTION" (ARD)? Litigation
is adversarial. Once a lawyer is
hired, the parties no longer speak to each; the lawyers do. The lawyers then use their skills to present
their client's case in the light “most favorable” to their client hoping to
favorably influence a judge or jury. Litigation is time consuming, costly and
can involve long delays. These
delays can cause sleepless nights and agitated nerves. WHAT
ARE BENEFITS OF THE MEDIATION
PROCESS? (a) less expensive (b) speed of resolution (c) the value of the parties working on other relationship and perhaps saving it (d) obtaining results a court couldn’t order. ARE
LAWYERS USEFUL IN MEDIATION? Yes. Your
lawyer plays a key role in mediation. Even though the parties are present at the
mediation and can talk to each other as well as the mediator, your lawyer will
outline your case for the mediator and will be present to advise you on the
legal impact of any proposed settlement. Your lawyer will also be involved in
drafting any settlement agreement that is reached.
Once signed, the agreement is legally binding and not appealable. CHOOSING
A MEDIATOR AND THE PROCESS The
parties must agree upon the mediator chosen.
Your lawyer will then look into the skills, experience and references of
the proposed mediator. The process
and all testimony is strictly CONFIDENTIAL
and by law all statements made can not be used if litigation becomes necessary;
even the mediator is bound to the confidentiality of the proceedings.
Each party states the case to their mediator who may speak privately to
each. Depending on the complexity
of the issues and the prospect of achieving a settlement, there may be more than
one meeting. You will want to talk to your lawyer and get his or her opinion on
who the right mediator is for your case. You want to make sure that person has
good natural skills and is a quick learner and is familiar with the subject
matter of your dispute. You may also want your lawyer to check out that person's
references to make sure that other people who have used that mediator have been
satisfied. Once you have chosen your mediator, the mediator will make sure that
all people who are necessary to making a decision about your dispute are
present. These people will include the plaintiff, the plaintiff's lawyer and
sometimes the plaintiff's business advisors or family members to whom the
plaintiff may turn for advice or support. The defendant and all defense counsel
must be present, and if it is a dispute that is being defended by an insurance
company, then a company representative who knows the case, has been assigned the
file and has settlement authority, should attend. Ó 2000 James
W. Pearson, Jr. , All Rights
Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE
1-800-232-1477 JAMES
W. PEARSON, JR. Attorney-at-Law |
Send mail to Lawyer@sun-in-law.com
with questions or comments about this web site.
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