When there is a conflict, people use several methods to resolve their disputes outside of court. One of those methods is mediation. In addition to being well-equipped to fight your case in court, the mediation attorneys at Batson Nolan PLC have represented numerous clients throughout the informal conflict resolution process. Plus, several of our attorneys also have training and experience as neutral and adept mediators. Our knowledgeable and skilled Hopkinsville mediation lawyers are available to help you resolve your disputes.
Our clients often have a lot of questions about mediation and whether it can be helpful in their conflicts. Sometimes parties choose to mediate their cases, and other times a state or federal court requires the parties to participate in mediation. Regardless of how you get to mediation, here is some information to explain the process and the potential benefits of mediation for your case.
What Is Mediation?
Mediation is an informal conflict resolution method in which a neutral third party helps facilitate a resolution to a dispute between the parties. Mediation is meant to help all parties in a dispute reach an agreement without the need to go through the expensive and lengthy trial process.
Even if a court requires you to mediate your issues, mediation is a process that takes place outside of court. And whatever happens or is said during mediation, including the parties’ conversations with the mediator, is confidential.
Essentially, mediation aims to explore solutions, clarify legal and other issues, and ultimately guide the parties to the potential settlement of their dispute. The parties, not the mediator, make all the decisions during mediation, including whether to resolve the case. The mediator’s purpose is solely to help the parties reach an amicable solution.
What Is a Mediator?
A mediator is a neutral third party that tries to facilitate the resolution of a dispute between two or more parties. Typically, mediators specialize in handling difficult situations and facilitating dialogue in conflict-ridden relationships. They receive conflict resolution training, sometimes specific to certain areas of the law. A mediator will try to look for solutions outside of the box. Thus, a mediator can look to a larger range of solutions outside of what can be achieved in court.
Unlike a judge, a mediator does not make any decisions about a case. Instead, the parties in the mediation make all of the decisions. The mediator helps the parties understand their case’s strengths and weaknesses and attempts to help them reach a satisfactory settlement.
Is a Mediator the Same As an Attorney?
The mediator’s purpose is not to represent either party. Even though a mediator may be a trained lawyer, their goal is to help the parties reach an agreement. The mediator doesn’t advocate for either party nor do they represent either party in the dispute.
The parties can choose their mediator. Some courts maintain a list of qualified mediators to choose from. You can look at the background and experience of the mediators to select one that is knowledgeable about your case’s issues and has a track record of resolving complex disputes.
You may want representation during a mediation. Experienced Hopkinsville mediation lawyers can advocate for you during the mediation and help you understand the process. They can also help you negotiate the details of your settlement agreement. Many parties find that having an experienced lawyer by their side during the mediation helps them put their best foot forward and get the best settlement.
What Cases Can Benefit from Mediation?
Nearly every type of dispute can potentially benefit from mediation. For example, we have mediated disputes across a broad range of legal issues, from general civil damages to family law. Cases involving civil rights, employment cases, medical malpractice, landlord-tenant law, probate, family law, and real estate issues can all be resolved through this informal process.
Divorce mediation is also commonly used where there are no abuse issues, and the parties need to resolve the distribution of marital assets, child support, or child custody. Most legal cases can benefit from mediation.
Does the Court Receive a Record of Mediation?
What happens during the mediation is strictly confidential. The mediator does not record anything you or the other parties say at the meeting. Nor do they give the court any documents you provide during the meeting. The mediator is bound by confidentiality and cannot discuss or report anything that transpires without your consent. If you must provide documents in advance of the mediation, those too are confidential. Typically, the only thing parties allow the mediator to report to a court is whether the parties have settled the case.
What Are the Benefits of Mediation?
One of the main benefits of mediation is the cost. Typically, mediators charge the equivalent of a lawyer’s hourly fee, and the parties typically split the cost. However, resolving a case by mediation early in the litigation process, or even before litigation, can save both parties time and the significant amount of money they’d otherwise pay for litigation. A case that goes to trial can cost thousands of dollars in lawyers fees and costs. Paying for a mediator is well worth it, especially if you can resolve the dispute early and avoid a protracted court battle.
Another benefit of mediation is that if the parties reach an agreement, it is legally binding. Like any other agreement, it is enforceable in court should one of the parties fail to uphold their end of the deal.
Contact Our Experienced Hopkinsville Mediation Attorneys Today
At Batson Nolan PLC, we have attorneys who can handle all aspects of your dispute, whether in court or through mediation. Our Hopkinsville mediation lawyers advocate for you during mediation, help you understand the mediation process, and negotiate a settlement that is in your best interests. Most importantly, with our decades of litigation experience, our attorneys will fight for you in court if your dispute isn’t resolved in mediation.
Additionally, several of our attorneys are also trained mediators. We have experience facilitating resolutions to disputes involving issues such as construction law, civil litigation, employment law, family law, medical malpractice, and commercial disputes.
Regardless of your needs, the attorneys at Batson Nolan PLC are here to help you. Contact us today for an appointment.
Our experienced legal team handles a variety of other cases as well, including: