Resolutions to disagreements can be reached or formed in various manners and forums. Traditionally, legal disagreements are handled by the courts; however, this mechanism isn’t the most practical or beneficial method because it can be lengthy, costly and may not result in a resolution both or either party is satisfied with.
As such, alternative dispute resolution, or ADR, methods evolved into a way to manage these disputes. Negotiation, mediation and arbitration are all types of ADR that could be used to reach a resolution in a civil suit.
Mediation in civil actions
Mediation is a form of ADR that is used to facilitate communication that could lead to a mutual agreement between the parties. For civil matters, this often involves conflicts between neighbors, business partners, landlord and tenants, labor unions and management personnel. The key component of this process is the usage of a mediator. This individual acts as a neutral facilitator, helping the parties communicate more effectively, stay on track and move the conversation towards a resolution.
It is vital that the parties involved understand that they are not required to agree to a solution during mediation. Additionally, parties involved are likely to represent themselves during the process, meaning that their attorney is not present during mediation. Finally, if the parties seek a successful mediation, then they must approach the process in good faith.
Benefits mediation offers
The mediation process offers several benefits, making it an appealing ADR method and alternative to litigation. To begin, the mediation process is confidential. While there are some exceptions, this primarily means that anything said, done or submitted during mediation is confidential and cannot be used in a future lawsuit. Mediation cost significantly less than those associated with a contested hearing or trial, making it a major benefit.
When compared to the court process, mediation only takes a fraction of the time it takes to reach a court ruling. Often, only a single session or a few are needed to reach an agreement in mediation, which is far less than the months and even years litigation could take. Lastly, mediation provides a certain level of control and decision-making power with the parties. This means it is them and not a judge or jury that decides the resolution. Additionally, parties can speak for themselves rather than through their attorneys. This not only makes each party a direct part of the problem-solving process, but it also gives each party the opportunity to be heard.
If you are considering mediation, it is important to understand all your options when resolving your civil matter. A legal professional can provide this information, answering any questions that may arise.