These days, alternative dispute resolution (ADR) services are constantly on the rise for solving legal issues without having to go to court. Not only does it mean that the case takes considerably less time to be solved, it also means that you are more likely to come to a conclusion that both parties are happy with and are willing to adhere to. If you are going to meet with a mediation lawyer soon, knowing the answers to some of the most frequently asked questions may help you out:
1. "What is mediation?"
This is the process by which two parties to a dispute meet with their mediation lawyers and an impartial mediator in order to resolve the issues of their case. The aim of the process is to try and salvage whatever relationship the parties have left (as a court proceeding will, more often than not, end it completely).
2. "What sorts of cases can mediation solve?"
A mediator is able to work with a range of situations, including: divorce or child custody/visitation disputes; personal injury or accident cases; consumer complaints (involving car sales, for example); business and commercial disagreements; complaints against financial and brokerage companies; landlord-tenant fights; and minor criminal matters.
3. "How does mediation differ to a regular court proceeding?"
The main difference between the two is that the mediation lawyers are not the ones in control - the parties of the case are. You are the people who decide how things are going to happen; the lawyers are only there to help you understand different processes and to keep discussions civil. These meetings are also arranged around your schedule, whereas the court doesn't take this into account.
4. "What can I expect from mediation?"
Basically, there are two types of meetings that you may be involved in - the first is one in which all parties (yourself, the opposing party, your mediation lawyers and the mediator) all meet together; the second is one in which only some of the parties meet (yourself, your lawyer and the mediator, for example). At the end of discussions, you can expect to sign a fully comprehensive document outlining the conditions of the agreement.
If you have any other questions, do not hesitate to ask your mediation lawyer when you next meet with them. After all, it is likely that you will meet with your lawyer a number of times before the mediation process commences, which will give you plenty of time to develop a good understanding of what the entire process involves, from start to finish. And, if your case cannot be solved in a civil way through mediation, at least you can rest assured that it will be dealt with by the courts.
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