Mediation Struggles: Could We End up in Court Anyway?

mediation struggles

Mediation offers a way for disputing parties a way to avoid what is often thought of as the horrors of the courtroom; and while litigation is sometimes the best route to settle a legal issue, there can be easier and more comfortable ways to do so today—as with alternative dispute resolution. Mediators are often practicing or retired attorneys, but they do not have to have a law degree or even be licensed. What they do need is experience in working with parties that may be having trouble coming to an agreement, even if they are motivated to find a resolution.

Mediations are usually successful, and it is easy to see why when you explore the model. The mediator is usually much more flexible and can meet with everyone involved separately, to get an in-depth understanding of what the dispute is about, the background of the parties involved, and an idea of what their end goal is for a settlement. The mediator can often work around the schedules of the parties, even setting meetings for after hours or on weekends. The atmosphere is usually much less hectic than the courtroom, relaxed, and casual.

The mediator is there to assist the disputing parties in coming to a settlement, not to decide the case for them. Their position is much less authoritative than that of a judge, which is often helpful as those involved can decide the direction of their case—and usually much more quickly, affordably, and in many cases, amicably. For business owners, mediation also allows the chance to preserve a relationship that may have already been long-term and profitable. Sometimes though, mediation is not successful, and a stalemate simply cannot be broken. If the judge has mandated the process, then they may be sent back to try again multiple times—and if that does not, the case could be held up for a very long time.

If mediation was voluntary and a decision cannot be reached through that route, a more aggressive approach with litigation may be the only option. In the end, however, the parties involved may wish they had been able to take a simpler approach and lay their grievances to rest more amenably.

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!

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