Everything You Need to Know About Mediation
Disagreements between spouses, business partners, and employers/employees can be difficult to navigate, especially when each party feels as though they are in the right. While many people immediately think of court and litigation when it comes to settling a major disagreement, there are other options that should be considered first. Of these options, mediation is one of the most productive and cost-effective solutions available. To help you determine if mediation is right for your situation, the family law experts at Linley Welwood have compiled some information to outline everything you need to know about Mediation.
What is Mediation?
Mediation is the process of involving an unbiased third party to assist disputants in their negotiations. This third party is often referred to as a mediator. Their role is to help ease tensions and encourage constructive discussion between parties to help them move toward a peaceful resolution on their own without directly imposing a solution.
How Can Mediation be Used?
Mediation allows disputants to vent their feelings and fully express any grievances they have regarding the topic of contention. Participation in mediation may or may not be voluntary. For example, some courts may require certain cases to go through mediation before proceeding to a trial. Mediation is commonly used for the following types of disputes:
- Family law (custody, child support, separation, etc.)
- Business disagreements (partnerships, business-to-business disputes, breach of contract, etc.)
- Insurance claims (car accidents, home damage, health coverage, etc.)
- Employment (wrongful dismissal, harassment, severance agreements, wage disputes, etc.)
- Inheritance disputes
What are the Benefits of Mediation?
While other dispute resolution methods focus on proving who is right or wrong, mediation strives to help disputants create a “win-win” situation. This ensures that all parties are happy with the outcome by producing a resolution that is sustainable and voluntary. Mediation offers the following benefits for most disputes:
- Cost savings: Mediation often costs significantly less than going to court.
- Efficiency: Going to court to obtain a resolution can take years. With mediation, parties can reach an agreement within months.
- Control over the resolution: The disputants have full control over the resolution of their dispute. A mediator will assist each party, but they will not impose a decision on them.
- Privacy: Mediation is a confidential alternative to litigation, allowing parties to keep their disagreements and information between themselves.
- Preservation of relationships: Litigation can impose a heavy emotional toll on all parties, often damaging or even severing relationships. Mediation helps to preserve family and professional relationships by fostering a mutually beneficial solution.
To learn more about mediation and how it can be used to settle disputes, reach out to the professionals at Linley Welwood. We can be reached through our online contact form and will work with you to provide the perfect legal solution for your needs.