Mediation is an informal process of bringing in a third party who goes between the disputing parties to facilitate the process by which the parties can identify ways to settle their own conflict.In contrast to Arbitration or Trial, the mediation process is not binding upon the parties, unless the parties put the terms of their agreement in writing known as a Civil Rule 2A agreement. The mediator does not hear evidence, provide legal advice/opinion, or render decisions.
Mediation is a useful tool that often results in settlement. Mediation is a voluntary process that allows the parties to be the architects of their own solution(s) to the present conflict, if they so choose, as opposed to trial or arbitration where the parties surrender all control to a neutral decision-maker, who may or may not decide the issues the way a party desires and whose decision is to be followed regardless. Parties who in good faith participate in mediation, more often than not, keep to the agreements they have created through this process; an outcome that is less likely to come about when a certain result is thrust upon them by a judge's ruling or an arbitrators award. Mediation promotes communication and cooperation, it can reduce conflict so that relationships can emerge in a more positive light, and the process is confidential, unless otherwise specified by the parties in any agreement they reach. Participating in mediation does not require that the parties settle their dispute. Rather, it is a setting to see if the parties can settle their case before more costs and effort is expended in the lead-up to trial.
When we are the attorney of record for a client we assist our clients by preparing mediation statements and navigating them through the mediation process on the day of the mediation, providing explanations and legal advice to our client's throughout.
At Skantze Law we also serve as mediators on cases for which we are not the attorney of record. We provide either facilitative or evaluative-based mediation.
Big Enough, Small Enough, Tough Enough
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