Legal mediation is a form of alternate dispute resolution. In simple words, mediation aims to get disputing parties to agree on their own. ( The process may take a different approach, in the case of evaluative mediation). The process involves both parties and an independent or third-party mediator. Legal mediation goes beyond just a simple definition. In this blog, you will learn more about this form of alternate dispute resolution.
Professionals require training and certification before they can become mediators. Some states require mediators to be lawyers or attorneys, while others are less lenient with their requirements. Apart from having the necessary training and experience, a mediator must possess certain traits them better at dealing with people. Some of these traits include patience, tact, credibility, etc.
Why do you need legal mediation?
Mediation cuts across all fields of work and life. A company may resort to alternate dispute resolution services to settle a case between itself and an injured worker; or couples who need a divorce. Mediation has many advantages over conventional forms for resolving disputes such as litigation. It is more affordable than going to court. You would pay more in court, and you can expect other hidden charges to pop up. Mediation also handles delicate disagreements better than a court, such as in a family dispute or a divorce.
Issues get resolved much faster when you hire the services of a California attorney mediation lawyer. It also gives you more room for privacy because there won’t be any spectators present. The parties involved get to choose a comfortable place and time.
What is the process like?
You must be wondering, if mediation doesn’t happen in court, where do parties resolve their disputes?
Instead of going to court, both parties choose a neutral location, usually a private place free of spectators or the mediator’s office. Both parties may be present with their attorneys. Mediation involves five stages; convening, opening statement, communication, negotiation, and conclusion. The conference will then proceed according to the nature of the case.
Types of legal mediation.
Although every dispute has a similar root cause, (a disagreement or fallout between two parties), there are different types of legal mediation solutions in California that take different approaches to disputes. For instance, mediators adopt a virtual approach for parties who can’t bare to be in the same room. Here are some types of mediation.
Facilitative mediation is regarded as more traditional when compared with other forms.
Note that the mediator does not give any advice, or recommendations, or predict the outcome. He is in charge of the process, but the parties determine the outcome. He helps both parties agree based on their interests and the information present.
In contrast to facilitative mediation, evaluative mediation takes the opposite approach. The mediator(s) plays a more active role during the process. He may provide suggestions and recommendations and, in most cases, is an attorney who has expertise in the area of dispute. The mediator assesses the soundness of both parties’ arguments and helps them come to an amicable solution. This type of mediation is often associated with court-ordered mediation.
Sometimes, a judge will mandate the parties involved in the civil dispute to settle outside court. As we have mentioned earlier, mediation saves valuable time and money. Through a court-ordered mediation, both parties reach an agreement faster than they would have in court (which may take months).
E-mediation occurs when the disputing bodies are far away from each other, or when there is a chance of violence or temperamental outbursts between both parties. The mediator, in this case, can take a facilitative or evaluative approach to the dispute. This style of mediation gives both parties a safe place to discuss their grievances. The approach could either be evaluative or facilitative.
Resolving disputes between parties can be a very complicated matter. The conventional route of going to court takes time, costs more, and may come with “unwanted baggage”. Mediation is an alternate dispute resolution method that doesn’t involve litigation. It is confidential, cost-effective, and helps disputing parties bury the hatchets more amicably. Not all cases need to go to court. If you have any dispute, first consider a legal mediator.