If you want to avoid the time, cost, and complexity of going to trial, mediation may be a relatively painless and hassle-free way to resolve your legal dispute. During this process, a neutral third party—the mediator—encourages and facilitates the resolution of a dispute between two or more parties.
There are a variety of reasons to opt for mediation instead of litigation or arbitration:
It is becoming increasingly common for courts to order parties to mediate when they have not engaged in settlement negotiations prior to trial. The use of binding and non-binding mediation has increased greatly in both private and public sectors, particularly for legal and business disputes. Many companies have chosen to insert mediation clauses into standard contracts as a preliminary step toward dispute resolution before entering into arbitration or litigation.
In a non-binding mediation, decision-making and authority rest entirely with the parties themselves. The mediator acts as a facilitator, guiding the parties in identifying issues, engaging in joint problem solving, and exploring creative settlement alternatives. Although the process is voluntary and non-binding, it results in a strikingly high settlement rate.
In recent years, the use of binding mediation has developed into an alternative to arbitration. Binding mediation combines the negotiation aspects of mediation with the certainty of an outcome.
At the Skanadore Reisdorph Law Office, we are leaders in innovative mediation techniques. Our staff has developed standard mediation procedures that can be applied to almost every case we take on. Contact us to learn more about the process and to determine whether mediation is appropriate for your case.
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