Legal Mediation- basics
Mediation is a way of resolving disputes by appointing a neutral third party mediator to facilitate communication between the parties, with a view to agreeing upon a settlement. Mediation gives more personalized control over the process and can often provide faster, custom-tailored and more satisfying results than going to trial. Further, it is, more often than not, less expensive. The mediator uses joint and private sessions to assist the parties to reach consensus.
The courts strongly emphasize the importance of trying to resolve disputes in mediation before pursuing a claim in the courts as it is often useful in saving the time of the courts and hefty litigation expenses for the parties. As part of their strategy of trying to encourage alternative dispute resolution, the courts even impose cost sanctions on parties who refuse to participate in mediation.
Mediation is often successful to determine the actual issues that are to be resolved. It helps to carve out the middle path and lead to an amicable solution between parties ensuring that both parties are not deprived of their legal rights and there in no exploitation of one parties rights by the other. It is one of the most cost effective and efficient legal tools.
Law firms ensure that their clients get the best mediator for a particular case that has experience and understanding of the subject matter of the case who has been litigating similar disputes. A good law firm understands that the best attorneys do not always make the best mediators.