As an alternative to having your case decided by a Judge, parties interested in obtaining a personalized resolution to their conflict should consider Mediation. Mediation is a private process, handled outside of the court system, that allows two opposing parties to resolve their conflicts with the guidance of a mediator that has both party’s best interests in mind. Once an agreement is reached by both parties, the mediator will then act as an advocate for the resolution of the issues rather than provide a final ruling on the matter. Saving both parties, involved from the hassle of a lengthy and costly court battle.
One or two days of mediation are far less expensive than one or two years of litigation. Parties that are interested in resolving their disputes may bypass the litigation process either in part or entirely with a pre-trial settlement. And if all of the issues are not resolved through mediation, they will be referred to the other legal options that remain possible.
Unlike most court cases, the Mediation process is confidential. The Mediator is bound by confidentiality, which means information disclosed by either party during the course of Mediation cannot be used as evidence at trial. Nor can the Mediator be called to testify to statements, offers, or information made by either party during the mediation process.
During Mediation, the parties are not expected to follow the formal routine court rules. Mediation is an interest-based resolution process that allows each party to express their individual needs and wants in order to reach a mutual agreement on the matter.
Mediation can be used as an opportunity for each party to control the outcome of their disputes. The responsibility for reaching an agreement remains in the hands of the parties. This means neither a judger nor the mediator “decides” the outcome of the case. The mediator simply guides both parties as they reach an agreement to resolve their case.
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