Experienced Mediation Services Near Delray Beach, FL
Aggrieved parties have used the courts over the years to settle disputes and seek justice over wrongs that have been done. The court system’s reliability certainly can be questioned, and the first alternative to this system that people should consider is mediation. There are some advantages that mediation can offer to parties in a dispute that shouldn’t be overlooked.
Mediation in Delray Beach As An Alternative Solution For Dispute Resolution
Mediation is a kind of informal dispute resolution process. It is frequently used due to its drama-free and private characteristics. The mediation process involves having the two disputing parties meet (with their attorneys or without) in front of a mediator that the parties have chosen. The mediator is unbiased and independent; he or she does not have a personal interest in the dispute’s outcome. The mediator acts in the role of a catalyst and attempts to bring a settlement about. However, the power to reach a decision is solely with the disputing parties instead of a jury or judge.
In order for the mediation to be effective, the parties need to have the following 4 characteristics:
- Preparedness
The parties participating in mediation need to be prepared and should bring any evidence they have with them that might help to influence the opposing party. They may also wish to have an attorney present at the mediation in order to support the party’s position from a legal standpoint. - Openness
Both parties need to present their facts to the mediator that relate to the dispute. The mediator will then keep the information in confidence. If important information is not divulged to the mediator, the integrity of the mediation process can be tainted. - Patience
Mediation might take days or even weeks. It all depends on how complex the case is and also the willingness that the two parties have to reach an amicable resolution to the dispute. That is why it is important to be wiling to allow the process to process at whatever pace it needs to in order to reach a solution to the problem. - Be Willing To Compromise
When going through a mediation process, the parties need to avoid thinking of themselves as either winners or losers. It is give and take process. Lawsuits are risky, and with that in mind, clients and attorneys need to be willing to compromise so that a trial can be avoided.
The 4 factors discussed above are the major principles that can make mediation effective. The entire process can be rendered useless if any of these main pillars are not observed. Mediation offers a priceless opportunity for parties to settle a dispute.
Here are some of the advantages of hiring a mediator in Delray Beach, FL…
A Faster Result Can Be Reached By Mediation Than Through A Trial
Mediation typically only takes a couple of hours, with a complex case taking several days or up to a few weeks to reach a resolution. Litigation, on the other hand, could take several years to reach a verdict following a trial. The process may be prolonged even longer if there is an appeal.
Mediation Costs The Parties in the Dispute Less Money Than Going to Trial
Mediation is quite affordable compared to litigation. The cost of mediation is basically the mediator’s fee, which the two parties share. Litigation costs, on the other hand, involve court courts, attorney’s fees and disbursements and far exceed what a mediation costs.
Mediation Is An Informal Process
The mediation process allows the parties to avoid all of the regulations and rules involved in a formal litigation process. Parties can express themselves without having to worry about the rules of evidence. The only thing that needs to be observed is the protocol that the mediator lays out. The relationship that the two parties have is also preserved since the process is collaborative in nature compared to a trial which is an adversarial process.
Confidential
Mediation is also confidential in nature. No attorney or party is allowed to divulge what is said or takes place at a mediation. The mediator is also bound by privilege rules: he or she is not allowed to discuss information that is received from a party unless they agree to it.
Control and Flexibility
With litigation, parties are not allowed to decide the outcome. Instead, it is up to the jury or judge to decide its fate. With mediation, the outcome of the dispute is up to the two parties to decide. The case is not decided by the mediator. It is the two parties that decide whether they want to settle or not. This tends to lead to better results, without any winners or losers in the process. There are no requirements for either party to admit guilt or fault. When a dispute is settled, both parties are absolved of any wrongdoings that might have caused the dispute. The parties are the ones who decide whether the dispute will be ended or not. Any compensation that gets paid is mutually agreed upon by the parties.
In conclusion, I strongly recommend litigants and attorneys in Delray Beach take mediation into serious consideration as an alternative to going to trial in order to attempt to resolve a dispute. If you would like to speak with me regarding a case you’re involved in please call me at (561) 994-4540, or you can email me by going here.