Mediation

Our system of justice is based on the adversarial model. Trial amounts to combat in the courtroom with the only limitations imposed by the rules of evidence and procedure. Each party presents their most favorable evidence and emphasizes the weak aspects of the other party’s position. Not infrequently, the winner leaves the courtroom with more distrust and dislike for the system than before trial.

Mediation and arbitration are the most popular and effective alternatives to the traditional lawsuit and trial of disputes.

In a traditional lawsuit, the Judge or jury decides the dispute after several years of expensive depositions, inspections, document exchanges, motions and hearings. The plaintiff and defendant have little control over the course of the lawsuit, little control over the expense, and little control over the final result.

In arbitration, the Judge or jury is replaced by an attorney selected by the parties to evaluate the evidence and make the final decision. While arbitration may slightly reduce the expense, it does not return any control over the lawsuit or the result to the parties.

In sharp contrast, mediation may not require expensive depositions, inspections, document exchanges, motions and hearings. Mediation does not require the parties to sacrifice their control of the lawsuit, the expense, or the result to a Judge or jury or arbitrator.

Mediation is a completely voluntary process where the parties meet with a mediator, usually an experienced trial lawyer trained in dispute resolution, to search for a resolution acceptable to all parties. Each party and their lawyer have a full opportunity initially to privately explain his or her view of the matter to the mediator and state which solutions are acceptable and which are not.

The mediation process is flexible and can easily suit the preferences of the parties. For instance, the mediation can start with a joint session, where all parties meet in a conference room together and each have an opportunity to express their position personally. Or the mediation can begin with the mediator meeting separately with the parties and then communicating the other party’s position without the need for a face-to-face meeting with the others. The mediator then shuttles between the parties, communicating the strengths and weaknesses of each position, suggesting possible points of negotiation, and offering his suggestions for potential resolution. The mediator works to facilitate a settlement. The mediator will not demand a settlement on any particular terms. You are always in control of whether or not your dispute settles in the mediation process.

Many courts now strongly encourage parties to submit their dispute to mediation. However, since mediation assists in reaching a voluntary resolution, the mediation process cannot be effective unless all parties understand its advantages and agree to participate in good faith.

Mediation will resolve your dispute now. Mediation will allow you to stop paying your lawyer now. Mediation will allow you to put your dispute behind you and go on with the more positive aspects of life and career now. The process is a positive experience, and the result can be positive.

With mediation, you are in control of the outcome of your dispute. If you go to trial, you lose control over the outcome.

Take control. Consider mediation.

Please contact us at the Law Offices of Charles L. Carson to discuss how we can provide you with mediation services to resolve your dispute now.