Mediation Explained

Many people are not aware that there is another option to litigation–mediation. Although mediation may not be appropriate for every case, there are many cases that would benefit from mediation for a number of reasons. Here’s more information about mediation and how to decide if it would benefit you.

What Is Mediation?

Mediation is a negotiation process between you and the opposing party outside of a courtroom. You bring your lawyer, and they bring their lawyer. Then, you all work together to reach a reasonable settlement or course of action. This resolves the issues. No future court dates are required.

Although mediation is commonly thought of as an option for individuals going through a divorce, it can actually be beneficial for individuals in a variety of litigious cases. For example, a landlord versus tenant lawsuit might be better handled through mediation than it would in the courtroom. Many business lawsuits can also be quickly handled through mediation.

Preparing for Mediation

You should meet with your lawyer before you enter mediation. Discuss the information that you might and might not want to share. Inform your lawyer of anything that you suspect the other party might mention.

Practice what you will say. If your words do not clearly express your thoughts, have your lawyer suggest other words that might be more appropriate.

You should also get your paperwork organized. Have copies of any documents that might be important for your side.

Advantages of Mediation

There are two main advantages to mediation over litigation. First of all, it’s a faster process. Successful mediations happen outside of the courtroom. There’s also no delay in scheduling a court date. Without this obstacle, the mediators are free to begin working immediately to resolve the issue.

Second, it is normally less expensive. Because the process doesn’t involve a courtroom, you don’t have court fees. Plus, because mediation normally takes less time than a court case, individuals tend to spend less money on legal fees.

Disadvantages of Mediation

The main disadvantage of mediation is that you have to be able to be in the same room and communicate with the other party of your lawsuit. In some cases, the lines of communication are so badly damaged that it’s challenging to have productive conversations, even if they are facilitated by qualified lawyers. If you feel like you would be unable to communicate with the other party, mediation might not be the best choice for you.

Finding the Best Mediator

If you’re looking for mediation help and live in Miami, Florida, contact the Aguilera Law Center. Our firm will be able to give you the advice to determine whether mediation would be best for you. Then, we can help you resolve your legal situation whichever way is best. To find out more about how we can help, give us a call today at 305-255-FIRM or contact us online.

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