By Marc Empey
Mediation is another form of conflict resolution under the law. Unlike litigation, that involve a judge and jury, a mediator is in charge of the mediation process. The mediator acts as a neutral overseer who works towards resolution of each party’s case.
How Mediation Differs from Arbitration
Mediation is not like arbitration where the panel imposes their decision upon two parties. The two parties are then expected to comply. In mediation cases, the mediator can only present the benefits of a settlement. They cannot force any of the parties to abide by such.
Since mediation is a less expensive and more peaceful way of settling conflicts, it is becoming more common. Judges sometimes recommend parties go through mediation before proceeding with a full-blown trial. People can seek the services of our Coachella Valley mediation attorneys as a preliminary to trial.
Our Coachella Valley mediation attorneys prepared the most asked questions about mediation. These might help solidify your decision to go through with the process.
1) When is mediation the appropriate course of action?
a. Mediation is appropriate for any case where it is possible for both parties to cooperate with each other. Mediation provides a speedy procedure and utmost confidentiality. Some examples of mediation are minor disputes over conjugal property or minor differences between business partners who wish to maintain their business relationship.
b. Mediation, however, is not recommended where one party has clearly committed fraud or counterfeiting. In this case, neutrality is appropriate.
2) What are the advantages of mediation?
a. Mediation presents a wide spectrum of benefits. One of the biggest benefits is lower procedural cost. The savings, in turn, translates into higher net settlements for the parties involved.
b. Mediation is also a way for a plaintiff to become more active in the process since they would receive certain rights that aid them towards getting the outcome that they want. For instance, a plaintiff may choose not to accept the settlement proposed by the mediator. They may decide to bring the trial forth into the litigation courts instead. They would not have to justify their decision in the process.
3) Who pays for mediation costs?
a. All the mediation costs are split evenly between the parties requesting the process.
b. However, as with many things involved in the process of mediation, the parties can choose to modify the division of costs between themselves.
Contact Our Coachella Valley Mediation Attorneys for a Consultation
Contact us at 760-322-2275 to schedule a consultation and find out if your case is in line for mediation instead of trial.