Although mediation has been a popular form of dispute resolution for decades, many parties involved in legal issues are surprised not only to find out that the process is available as an alternative to litigation, but also that Mediation Enforceability is possible. Whether or not you have ever actually been in a courtroom, you probably have a good idea about how formal the setting is, and know that it can be a long and drawn-out, expensive endeavor—not to mention stressful.
Many court dockets are so heavily packed today that mediation (along with arbitration) is encouraged, and in some cases, it is a required part of the process. Mediators are expected to work with the parties, who in business disputes are often extremely motivated to reach a compromise not only so that settlement figures don’t reach exorbitant highs, but also because they may have enjoyed a long-term (and lucrative) relationship that they do not want to see go south. Disputes may be with internal business associates such as employees, managers, or partners, or they may be with vendors, other business owners, or commercial entities.
The setting for mediation is much more relaxed than the courtroom, the cost can sometimes be exponentially less, and scheduling is so much more flexible that the parties involved may be able to meet after hours or on weekends. In voluntary mediation especially too, the mediators can take the time needed to learn about the case, often meeting with the parties ahead of time to gather details and begin thinking about the best approach for that mediation.
There are some who question the enforceability of mediation; however, if an agreement is reached by the parties originally in dispute, and all the proper documents are signed, it is considered enforceable. This means it is indeed recognized in a court of law and everyone is beholden to the details of the settlement. The mediator is usually responsible for drawing up the agreement, although in some cases attorneys for either or both parties may review the documents or draw up even more formal legal documents following the mediation. If any of the information in the final mediation documents is later challenged successfully, the mediation could be proven unenforceable.
The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help.