Understanding Mediation Process
Mediation is an alternative dispute resolution method that can help the parties reach a settlement or agreement rather than going through the costs and delays of a formal lawsuit or trial.
The Role of the Mediator
At Mediation both sides may be represented by an attorney, or they can choose to participate without an attorney. The Mediator does not represent either side, but attempts to facilitate an agreement, usually by discussing the matter in a back-and-forth fashion. If needed, the mediator can consult with the parties in private meetings, called caucuses, asking both sides to consider options, outcomes, resolutions and hopefully, moving each side closer to an agreement in a private setting.
Private information and discussions with the Mediator remain confidential, not to be disclosed to the other side without permission. If a settlement is reached at Mediation, the agreement reached at mediation is codified with a report or written agreement. The Mediator is not a judge in the case; they are a neutral facilitator. Settlement is not forced on either side. The decision whether to accept a settlement offer, or not, is up to the parties involved. The only thing required is that the parties mediate in good faith and act civilly towards each other.
The Mediation Process
Mediation can be done at any stage of a case, even before a lawsuit is filed. Some courts require mediation for certain cases before they will allow the case to be set for trial. Mediation fees are usually paid one half each by the parties, but in some cases one of the parties may agree to cover the full cost, or more of the costs, either as an enticement to get the case mediated or as a condition of a settlement agreement reached at the Mediation.
Mediation is an effective way to promote communications and progress toward anagreement. Mediation allows the parties to decide the outcome of their case and allows for solutions to be different from what a court may order.
A successful Mediation depends on the facts and persons/companies involved with each case, more often than not, cases get settled with a compromise and the parties avoid the delays, uncertainties, turmoil, and expenses of having to litigate a case through trial and potential court appeals.
Jacovino Law Office: Your Mediation Partner
Attorney Jacovino has extensive experience as both a Mediator (the neutral person helping to resolve the case) and as counsel at the Mediation. Jacovino Law Office can help you determine if Mediation is a good option in your case. We can help guide you through the process as either the Mediator or Mediation Counsel. If you have questions or would like more information about Mediation contact us at (702) 776-7179 or schedule a consultation.
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