What is “Mediation”?
Introduction
Mediation is a type of unconventional disagreement settlement that aims to find a practical settlement to conflicts involving two or more parties.
Although mediation is an entirely voluntary process, some contracts require parties to engage in it before filing a lawsuit or commencing arbitration.
Before filing a lawsuit or arbitration, the parties might opt to mediate their disagreements. They can also act as a mediator during a court case or arbitration. Mediation has the ability to save time and money by avoiding months or even years of litigation. It provides a means of reducing costs while maintaining the parties’ connection. Mediation, on the other hand, might be a waste of time and money if the parties are not yet ready to resolve their disagreement.
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Is mediation a good fit for you?
Mediation is a form of alternative dispute resolution that allows opposing parties to avoid going to court and instead attempt to negotiate a mutually acceptable compromise while emphasizing politeness, mutual respect, and teamwork.
By avoiding the costly and time-consuming litigation process, this technique saves the parties money and time. As an experienced and professional New York attorney and mediator, you may rely on my abilities to moderate the discussion and aid you in achieving a beneficial settlement.
When is mediation a good idea?
The parties agree to meet with a neutral third-party during mediation. The mediator, who has been professionally educated to resolve conflicts, listens to both sides’ arguments and directs his or her efforts toward finding a common ground. Mediators may also provide recommendations for the best way to resolve a conflict. Mediators facilitate agreement by providing an objective, unbiased assessment of the issue, which can aid in the resolution of even apparently intractable conflicts.
Because mediation is usually voluntary, the parties involved have complete control over the process. Rather than having courts decide when and where meetings are conducted, who is present, and other factors, the parties to a lawsuit or disagreement can make these decisions. In cases of severe lead poisoning and other serious cases, mediation is frequently used. The judge chosen by both parties focuses his or her efforts on achieving a mediated resolution rather than a full-fledged jury trial. Given the stakes involved, this may be regarded as appropriate by both sides at times.
What Are the Advantages?
Mediation is a private and confidential procedure in which participants can choose whether or not to participate. Rather than directing the process, the mediator helps it. Unless and until an amicable conclusion is found, any participating party is allowed to withdraw from the process at any moment. The procedure is “non-binding,” which means that by participating, the parties do not bind themselves to anything unless and until they achieve a mutually agreed agreement and sign a binding settlement agreement.
Furthermore, with rare exceptions, settlement discussions exchanged between the parties during mediation are often inadmissible in court if the mediation is unsuccessful and litigation is instead pursued, notwithstanding mediation’s high success record.
Mediation Is an Important Option to Think About- Brooklyn Injury Attorneys, P.C.
Our skilled lawyers can guide you through the mediation process. We can represent you in mediation and devise a plan to help you reach a favorable outcome. If it becomes evident that the parties are unable or unwilling to reach an agreement, the Brooklyn Injury Attorneys, P.C. law firm is ready to aggressively defend you in arbitration or litigation.
