Boca Raton Mediation Attorney

Mediation as an Alternative to Dispute Resolution in Boca Raton

Over the years, the courts have been used by aggrieved parties to seek justice for wrongs done and to settle disputes.  While the reliability of the court system might raise a few questions, mediation should be the first alternative that should be considered.  As may be seen, mediation has advantages which the parties to a dispute should not overlook.

Mediation is an informal dispute resolution process that is often sought due to its private and drama-free character.  In the mediation process the opposing parties meet (with or without their attorneys) before a mediator who is selected by the parties.  The mediator is independent and unbiased; he has no interest in the outcome of the dispute.  He acts as a catalyst and tries to bring about a settlement.  However, the power to effect a decision in the matter rests solely with the parties and not with a judge or jury.

For mediation to work effectively, the following is required by the parties:

Preparedness

At the mediation, the parties should be prepared with any evidence they can use to influence the opposition.  Attorneys may also be present to support their client’s position with the law.

Openness

The parties should reveal the facts of the dispute to the mediator, who holds this information in confidence.  Information withheld from the mediator may taint the integrity of the process.

Patience

Mediation may take days or weeks depending on the complexity of the case and the willingness of the parties to arrive at an amicable resolution.  Therefore, the process must be allowed to proceed at its own pace.

 A Willingness to Compromise

In mediation, the parties may not think of themselves as a winner or a loser.  The process is one of give and take.  With the understanding that lawsuits in the South Florida area are risky, both attorneys and their clients must have the willingness to compromise in order to avoid a trial.

The above factors may be thought of as the main pillars that make mediation work.  Failure to observe any of them may render the entire process useless.  The opportunity mediation offers parties to settle their differences is priceless.

Here are 5 Reasons to Hire a Mediator in Boca Raton…

Mediation Leads to a Quicker Result than a Trial

A typical mediation lasts a few hours, with complex cases taking several days or weeks to resolve.  On the other hand, litigation may take years before a verdict after trial is rendered; appeals may prolong the process.

Mediation is Less Expensive

Compared to litigation, mediation is very affordable.  The cost to the parties in carrying on with litigation (attorney’s fees, court costs, disbursements) far exceeds the cost of mediation where the mediator’s fee is shared by the parties.

Mediation is Less Formal

The rules and regulations which are requisites in formal litigation are avoided in the mediation process.  The parties may express themselves without regard for the rules of evidence, only observing the protocol laid out by the mediator.  In addition, the relationship between the parties is preserved due to the collaborative nature of the process as opposed to the adversarial nature of a trial.

Confidentiality

The mediation is confidential.  No party or attorney may divulge what transpired at the mediation.  Moreover, the mediator is bound by rules of privilege: he may not discuss the information he receives from any party unless that party agrees.

Flexibility and Control

Litigation removes the power of each party to decide the outcome as the fate of each depends on the judge or jury.  In mediation each party has the outcome of the dispute in his own hands.  The mediator does not decide the case…only the parties decide to settle or not to settle.  Therefore, the results are better when there are no winners or losers.  Neither party is required to admit fault or guilt.  If the dispute is settled, each party is absolved of any wrongdoing which may have led to the dispute.  In short, it is the parties who decide to end the dispute; any compensation paid is by mutual agreement of the parties.

To conclude, I urge the reader to seriously consider mediation as an alternative to proceeding with a trial to resolve a dispute. If you are in need of mediation services in the Boca Raton area please call (561) 994-4540.