Disputes can create a sense of lost control over a situation, especially when putting the final decision in the hands of a third party, i.e., a judge or magistrate. Mediation can drastically reduce the time, cost, and lack of control associated with bringing a case all the way to trial. While settling issues in mediation requires a willingness to compromise from both parties, it also allows the parties to have control over what they are compromising on and what the final settlement agreement will be. Often times, parties who reach a resolution in mediation are happier than those who choose to have their dispute resolved by a judge or magistrate at trial. The primary reason for this dissatisfaction at trial is the lack of control the parties have in the final outcome of the case. A judge or magistrate will have only a few hours to get to know the parties and the facts related to the disputed issues before making decisions which will likely have a significant impact on both parties and their families. While there are circumstances which justify taking a case to trial, it is important for each party to consider the benefits of resolving some or all of their disputed issues in mediation.
Mediation is an opportunity for both parties to discuss their positions in a confidential setting. This can be completed with both parties in the same room with the mediator, or the mediator can put the parties in separate rooms and go back and forth between them to facilitate negotiations. The mediator is a neutral party who may provide creative ideas and a different perspective to help you reach an agreement that you are comfortable with.
Mediate with an experienced attorney who has creative options to encourage settlements,. At O'Brien Law Firm, LLC, we are familiar with common areas of contention between parties and can provide ways to address those areas to help avoid future disputes. Note: When you retain us for mediation services, we are not representing either party in the dispute and cannot provide legal advice to either party. Rather, we encourage an environment where the parties have the control and freedom to discuss, negotiate, and resolve their disputed issues without the need for court intervention.