Why Mediate Instead of Going to Court?

Mediation, which is an informal method of alternative dispute resolution (ADR), can be quite effective at resolving many types of disputes. When individuals or businesses are unable to resolve legal disputes on their own, a trained neutral mediator can be brought in to help the parties negotiate a settlement or agreement without the need to go to arbitration or court to seek an order.

The mediator can guide the direction of the negotiations for the benefit of all parties. Many times, emotions are running very high when disagreements arise. Often discussions have broken down into shouting matches. No resolution will ever be reached without the ability to properly communicate with the adverse party.

Not only will the mediator help facilitate proper negotiation talks and focus the parties attention on the real issues, but he will get them face the reality of the disagreement. One of the most important jobs of the mediator is to make the parties aware of the possible negative outcomes that will occur if they can’t settle the matter by themselves out of court. He will offer advice on how to come up with a solution to the dispute that everyone can live with and will be fair to all. The mediator can even write up the settlement agreement for the parties to sign to expedite the resolution to the case.

Another huge benefit of mediation is that no resolution will be forced on either party. The parties themselves control the rules and decisions about how to conduct the mediation, all without judicial intervention. They can take or leave the mediator’s recommendations or advice, but that could be quite risky.

The mediator is a trained legal professional who understands how judges and juries think and act, so do not take their recommended solutions lightly.

No matter how strong you believe your claims are, a judge or jury could very well not see it the same way as you do. Avoiding possibly expensive and long and drawn out litigation should be your top goal. So, always try to mediate a dispute before rushing to court.

T.R. Spencer Law Office has successful attorney mediators and negotiators who can help you try to resolve your dispute out of court. Please call us at 801-566-1884, or send us an email at info@trspencer.com to schedule a consultation.