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Monthly Archives: March 2016

The Beginning: Mediation

Wouldn’t it be nice if we could just sit down and resolve things? We could avoid the tremendous expense and delays that accompany a lawsuit. How can you resolve a complicated dispute before it becomes a lawsuit? The simplest resolution is often bringing in a third-party mediator that will look to settle a dispute as quickly as possible. A mediator can add an objective perspective that can aid in resolving the dispute as quickly as possible.

Although direct settlement talks can sometimes be brief, my advice is always to consider early mediation as your first option. A mediator is an individual who attempts to resolve conflicts between parties with neutrality and haste. The reality is that mediators have one economic incentive: to settle your case as quickly and effectively as possible.

Trial and litigation counsel can be compensated in a multitude of ways during a lawsuit. Fees increase as a dispute gets to and goes through trial. This can discourage counsel from acting quickly. However, your mediator has no interest or gain in your case lasting even one more day, much less going to trial. Part of their professional reputation often hinges on getting your case settled quickly and efficiently.

Checklist for deciding to mediate:

  • Do we know what we need to know, in order to make a final decision about resolving our dispute?
  • Are we knowledgeable all consequences that may result from the incident/occurrence?
  • If we go to mediation without that knowledge, can we still expect resolution at a fair level?

When we can answer all of these questions, then we can decide whether mediation is the most effective course of action. The next time you are involved in a complicated dispute consider mediation and resolve your dispute quickly and efficiently.


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