FAQs and Answers About Mediation

There are countless disputes that can be settled through litigation—ranging from labor law violations to real property disputes. But in some cases, litigation might not be the best solution. Instead, consider talking to your lawyer about giving mediation a try. This would allow you and the other party to sit down with a neutral individual to reach a mutually agreeable compromise. You’ll be able to explain your point of view, and there’s a real possibility that you and the other party can reach a resolution that isn’t simply handed down by a judge.

Which cases can be resolved with mediation?

Just about every civil case could potentially be resolved without going to court. Of course, criminal cases fall outside this category. Alternative dispute resolution may be appropriate for the following types of cases:

  • Homeowners’ association issues
  • Labor and employment disputes
  • Disputes between neighbors
  • Disputes between business partners

These are just a few examples. Mediation is also commonly used in family law cases. However, there are certain cases that might be best litigated in court. These include lawsuits in which a substantial jury award is likely and cases that are intended to set a legal precedent. It might also not be practical to try mediation when one of the parties feels intimidated by the other.

Why would mediation help if our previous discussions failed?

If you’ve previously tried to resolve the dispute by talking about the issue with the other party, then you might be skeptical about the effectiveness of mediation. But you should know that mediation is quite different from a casual discussion. A trained mediator will make an opening statement that establishes the ground rules for maintaining civility. The mediator then guides both parties through discussions and negotiations.

What happens if I don’t agree with the settlement?

Mediation is not the same as arbitration. The neutral third party cannot require either party to accept a proposed settlement. Multiple proposals may be made before a suitable one is developed. However, there’s no obligation to accept any of these proposals. The alternative is to take the dispute to court.

You’ll find effective legal advocacy services at The Law Offices of Jon Webster, including skillful mediation services as an alternative to litigation. You can reach our law office in Concord, CA at (925) 609-7600. Our lawyer will be happy to answer all of your questions.

Categories: Mediation

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