Mediation

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REMOVING DISAGREEMENTS FROM THE COURTROOM AND ONTO A POSITIVE SOLUTION!

Mediation is a great source for assistance in forging honest and creative solutions – avoid headaches and stress and save money too! In fact, the mediation services that I can provide allow people and organizations with a dispute to jointly construct a solution that allow for a lasting and positive benefit to all concerned.  

People often complain about the cost, delay and aggravation of court litigation. This is true even if you are fortunate enough to “win,” because by its very design it is an adversarial process that can be very expensive and emotionally draining. The following quotes help to illustrate this. Abraham Lincoln exclaimed, “Point out to your neighbors how the nominal winner is often a real loser—in fees, expenses, and waste of time.” Learned Hand, a notable scholar and judge, stated that, “only death and serious illness were more fearsome than going through a lawsuit.”

What is Mediation?

Mediation involves employing an impartial third person who is a trained and experienced Mediator who will assist parties in negotiating a settlement to their dispute or conflict. The Mediator provides a framework and manages the process. As such, the mediator’s task is to maintain a positive and creative environment to enable the parties to reach their own resolution that can be mutually beneficial to all parties. The mediation process differs from litigation because it seeks a solution that satisfies all parties. In litigation, a judge or jury hears evidence relating to a particular case and then decides who wins and who loses based upon their interpretation of the fact and the applicable laws. Moreover, courts are often times limited by law as to what remedies they can provide. Mediation, on the other hand, is only limited by the nature of the problem and the creativity of the parties. As an example, Couples who have decided to pursue a divorce can gain a huge emotional benefit by pursuing mediation as a way to resolve the necessary issues of division of the marital estate, marital debt, child custody, visitation and support and spousal support. Mediation is not an adversarial process, so it helps to lay the groundwork for a civilized relationship after the divorce becomes final. Ending a marriage is hard enough on a family, so why ruin everyone’s financial future and personal relationships too?? Mediation is a saner, smarter way for all involved to move on in a positive way.

EXPERIENCE HAS SHOWN THAT THE FINANCIAL COST OF MEDIATION IS MUCH LESS THAN THAT OF THE TRADITIONAL ADVERSARIAL PROCESS. EQUALLY IMPORTANT, THE EMOTIONAL COST IS ALSO GREATLY REDUCED.

You should know that in traditional litigation approximately 95% of all cases get settled before they ever get to trial. However, 85% of all legal costs are incurred before that settlement is reached. And most of the time, both parties still feel as though they have lost. This strongly suggests that it makes sense to resolve a case before time is wasted, costs are run up on discovery depositions, expensive expert witnesses, etc. You can avoid much of the cost and stresses of traditional litigation by pursuing Mediation.

Another positive benefit of Mediation is its confidentiality. Litigation places a dispute in the public domain and record, often disclosing proprietary or personal information. By utilizing Mediation, the entire matter is private unless the parties agree otherwise.

If you have an interest in pursuing an alternative approach to the brutal battles of traditional litigation and want to empower yourselves with the opportunity to construct a positive solution, please give me a call at 618.521.4328 or email me at daniel@attorneymandan.com