Attorneys in this area:
The question is often asked – “What is mediation, and how can it assist me in resolving litigation and related disputes?” Mediation is an informal voluntary settlement process to help you resolve disputes with the assistance of an approved mediator.
Mediators can help in many areas including with disputes arising in general civil matters, as well as those in the domestic relations area. This can include matters involving divorce, custody, child support, and with other related family law matters.
The mediation identifies important issues, clarifies misunderstandings, explores solutions, and negotiates settlement of the disputes. It is important to understand the role of the mediator in the process. The mediator helps those involved in the dispute talk to each other thereby allowing them to resolve the dispute themselves. The mediator manages the mediation session and remains impartial. The mediator, however, is not a judge and does not make a decision or impose a solution on the dispute.
The benefits of mediation are many:
- The most important part is the parties involved control the resolution of their problem;
- The disputes can be settled promptly at a much more reduced cost than court litigation;
- The mediation generally promotes a better relationship through cooperative problem solving and improved communication; and
- The mediation is private and confidential — the mediator and the people in the dispute must maintain the confidentiality of the information disclosed during the mediation.
Mediation costs are generally shared equally by the parties involved unless they agree otherwise. The mediator will advise you in advance what the mediator charges and when payment is expected.
The judge may order a case to proceed to mediation, or the process may be voluntary by the parties. Any settlement reached through mediation is always entirely voluntary. If you cannot reach an agreement, you still have the right to take the dispute before a judge or jury.
Batson Nolan PLC has two individuals who have been approved by the Supreme Court of Tennessee Alternative Dispute Resolution Commission and are listed as Rule 31 Mediators in the field of general civil mediation:
Daniel Mark Nolan has also been approved by the Supreme Court of Tennessee Alternative Dispute Resolution Commission in the field of family mediation.
If you have any questions about the mediation process, or if you believe you may be a candidate for mediation call Batson Nolan. One of our experienced Rule 31 mediators can answer your questions and help guide you to an amicable solution.
Arbitration and mediation are sometimes believed to be the same sort of process. Arbitration is a form of binding alternative dispute resolution aimed at keeping parties out of the judicial system and allowing cases to be determined by an appointed impartial arbitrator.
Offering mediation law expertise in these areas:
- Medical & Professional Negligence
- Commercial Disputes
- Accident & Injury