“I’ll see you in court!” cries every pugnacious movie character seeking to forcefully resolve a conflict. Taking someone to court, however, shouldn’t be the motivating factor in seeking conflict resolution. If you are engaged in serious conflict with another person or organization, mediation can be a less expensive and more timely solution to your situation.
Resolving conflict between different parties can take many shapes. In its simplest form, mediation is the use of a third party to make a binding agreement to solve a dispute. Anyone who has turned to a mutual friend or to a fellow employee to solve an issue knows the benefit of a neutral entity. Often times, however, that third party may not be able to tell you what the consequences are.
An attorney mediator, however, is often helpful because you have the ability to weigh your worst-case scenario, your best-case scenario and everything in between. Your attorney, or the mediator, can provide insights into your chance should you follow through with the threat to “see the other person in court.” More importantly, an attorney can often suggest alternative resolutions of which an average person would be unaware.
Generally a successful mediation is worked out with attorneys who may represent one or both of the parties. Mediation is different than litigation because it does not involve public courts, instead relying on private coordination between the affected parties and the legal advisor. Some criminal charges and/or civil disputes cannot be solved without litigation.
Mediation holds a number of benefits that litigation does not. For one, the process can be much less expensive. The drawn out, public system of litigation increases the amount of time one would be paying for legal counsel as well as increases the potential for greater cost at the end of conflict resolution due to reparations. Mediation can keep these costs lower.
The other major benefit of arbitration is the private nature of the discourse. A private platform to communicate reduces the hostility of those involved, keeps possibly damaging information from becoming public spectacle and relies on a neutral third party that works toward an agreement between parties instead of a one-sided outcome. Mediation also sets the groundwork for a faster litigation process if the solution cannot be found through a neutral party.
Do your research when you become embroiled in legal trouble. Contact us at Post Falls Law to find out what path will be best for you.
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