Tag: Alternative dispute resolution

Mediation

Mediation Can Be Much More Successful—and Less Stressful

Posted by Jeffrey Bolender on with 0 Comment

Businesses thrive on structure. The established team needs to show up, do their part, and keep the customers happy and coming back. As the owner or manager, however, your day probably includes a long, complex list of duties to be checked off from beginning to end. There are the finances to deal with, employee schedules and requests, meetings, inventory issues, marketing campaigns, and so much more. The last thing you need is a legal conflict, whether it involves an issue with an employee, a business partner, vendor, or another commercial entity you are butting heads with.

Mediation Offers Respite from the Clogged Court System

No matter which side you are on, heading into a court battle can be intimidating—and it may take a long time to reach a resolution; to begin with, your court date may be months ahead. After that, you could be forced to deal with continuances, appeals, and more. Most of us become frustrated with the crowded calendars, inflexibility in scheduling, and so much more. The truth is though that judges and court administrators are often doing all they can to eliminate clogging in the courtrooms. Many cases may be directed toward other methods of resolution such as arbitration or mediation, or they may be voluntary.

Mediation is popular for many parties engaged in conflict as they realize even in the throes of a dispute that they may not want to destroy a long-term relationship. The key is not so much in ‘winning.’ but reaching an agreement that both parties can live with. The setting tends to be much more casual, and mediators are usually able to work around the schedules of everyone involved; in fact, they may even agree to hold mediations on Saturday or Sunday, or after work hours during the week.

The Mediator Guides the Parties to Reach a Resolution

The relaxed atmosphere, combined with neutral assistance from the mediator, allows for most mediations to be successful. In a voluntary mediation, the mediator often makes a point to meet with the parties separately, before proceedings begin, to gain an understanding of the main issue and to begin formulating a path for resolution. The mediator does not decide the case but is tasked with keeping the disputing parties on course and helping them think outside the box when necessary, to attain their end goals. Once an agreement has been reached, the mediator is responsible for drawing up the documents to be signed—and once they are, the mediation is considered enforceable with all parties expected to hold up their ends of the bargain.

Call Us for Help 

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!

Mediation Enforceability

Mediation Enforceability: What Affects This?

Posted by Jeffrey Bolender on with 0 Comment

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.