None of us ever plan to be involved in a business or real estate dispute. These problems can be stressful, time-consuming and costly. In the heat of the moment, some may think that the only answer is to head to court for litigation. In many cases, however, mediation can provide a simpler and more cost-effective solution. If you have a legal dispute, please contact us to learn more about your options.
What is Mediation?
Mediation is a process where an independent, mutually agreed upon 3d party helps the parties identify the issues and works to resolve them in a satisfactory manner.
One of the benefits of mediation is that it leaves the decision power totally with the parties. The mediator doesn’t decide the outcome of the dispute. Instead, they act as a facilitator in identifying the issues, eliminating any obstacles, and guiding the parties to a resolution.
If a settlement is reached, the agreement is put in writing and signed by the parties. If the agreement is not honored, it will give rise to a breach of contract action. If a resolution can’t be reached, the case will proceed to trial.
Quicker and Less Expensive
While mediation may not be an option in every case, it does have its advantages. Mediating an issue allows the parties to avoid the litigation process which can last for months or even years. With mediation, parties are able to avoid hearings, discovery, multiple court filings and much more. This saves aggravation, time and money.
Recently, we had a case where mediation made sense. Instead of spending thousands of dollars on discovery, depositions, and motions, we decided to look for a more sensible solution.
At the end of the day, both parties were speaking to one another. While they weren’t ready to expand their business relationship, we were able to point out alternatives to them that would increase the values of the respective interests in the property.
Not Always the Right Solution
As the song goes, “It takes two to tango.” Mediation works when all parties want a solution. When the other side wants to use litigation as a bludgeon, you need to defend yourself.
We always suggest early mediation. When it’s refused, we are proud to stand up for our clients’ interests in court. This is our version of speaking softly while carrying a big stick.
If we are lucky enough to have opposing parties and counsel who want to resolve a dispute, we can usually find a better solution than litigation. Again, few people want to go to court, but often think there are no other options. We are here to help provide simple, elegant solutions for our clients when possible, and to fight for them when necessary. We believe that looking out for our client’s best interests at all times enhances the level of personal service we can provide. If you are involved in a legal dispute and would like to learn more about your legal options, hit reply to schedule a Get Acquainted Call or Initial Case Evaluation.