Legal Mediation Atlanta GA
Legal Mediation Atlanta GA: What is Legal Mediation?
Legal mediation is a form of alternative dispute resolution (ADR) in which a neutral third-party facilitates discussions/negotiations between the parties to a lawsuit so that they can reach a mutual agreement to settle their case. Legal mediation Atlanta GA is a voluntary and confidential process. A neutral third-party called a mediator helps the disputing parties to come up with their own solutions to resolve their conflict.
After listening to the arguments and evidence presented by parties in dispute, it’s the job of the mediator to facilitate negotiation that can help the parties come to understand each other’s viewpoint regarding their conflict/dispute, and ultimately, reach a voluntary resolution to their case.
The primary purpose of mediation is to help parties to settle their dispute early in the process to avoid the time and cost of further litigation.
Mediation, unlike other forms of ADR, isn’t binding on the parties. In fact, it will suggest a misunderstanding of the nature and purpose of legal mediation Atlanta GA to think about a mediation process in terms of whether the parties in conflict will be bound by the outcome.
The role of a Legal Mediation Atlanta GA
The role of a mediator isn’t to reach a decision – it’s the parties themselves that reach their own voluntary resolution to their conflict. Mediators just facilitate negotiations.
No guarantee resolving a matter through mediation will always produce a settlement agreement. In fact, in some cases, mediation may not reach a settlement and afterward, it leaves litigants no closer to a resolution to their conflict than they were beforehand.
But then why do so many litigants still voluntarily agree to settle their disputes through mediation (and pay the relevant fees) yet it can turn out to be a waste of time when parties can’t reach a resolution?
The answer is that a successful mediation can save huge sums of money. Litigation is costly and time-consuming. For instance, you could easily spend $100,000 or more to litigate a personal injury case all the way to trial.
On the other hand, the parties can spend a couple of hundred dollars an hour to pay a mediator, with a very real chance that they will settle their dispute by the end of the day.
Cases Suitable for Mediation
Parties in a dispute who are facing the prospect of a lawsuit often wonder if they can settle their case through mediation. It’s possible to mediate nearly any type of case, but cases in which parties are not likely to reach a settlement on their own are the ones best suited for mediation.
After all, there’s no need to pay a mediator to get involved in a dispute resolution if the parties and their attorneys can reach a settlement on their own.
Conversely, the parties may have to pursue litigation and focus on preparing for trial instead if there’s absolutely no possibility of reaching a settlement due to some reason. This is especially true considering that disclosing a party’s best trial arguments (in advance) during mediation may take away the element of surprise.
However, when there is at least a remote possibility of reaching a settlement, the parties can come together to resolve their differences in the presence of a mediator.
Common types of lawsuits that can be settled through mediation
Common types of lawsuits that can be settled through mediation include wrongful termination claims, injury and tort cases, breach of contract disputes, family law matters, and more. Some cases aren’t suitable for mediation, including bankruptcy, disability appeals, DUI and criminal charges, deportation and related immigration matters, and any other types of cases that the government is prosecuting.
Cases that also aren’t good candidates for legal mediation Atlanta GA include those that don’t involve an active dispute, such as real estate transactions or estate planning matters.
Choose the Right Mediator
A law-trained professional who’s familiar with the subject matter of your case will be the best mediator for your dispute. Most often, parties in disputes should look for a current or retired attorney with experience litigating similar lawsuits/cases.
However, it’s essential to realize that the best attorneys are not necessarily the best mediators. Successful trial attorneys are known for being aggressive, while successful mediators can calm down other attorneys and reach a consensus. It’s important to understand this distinction.
For help, your local state bar association can refer you to a qualified mediator. Contact them to help you find the best mediator for your dispute.
What to Expect During Mediation
Being a rather informal proceeding, mediation creates a conducive environment for negotiations/discussions between disputing parties. First, the parties and their attorneys will sched0ule a meeting with their preferred mediator. The meeting usually will take place in a conference room at the mediator’s office.
The lawyers representing each party will be given a chance to make a short opening presentation. The mediator will then ask the two sides to split up into separate meeting rooms or offices.
At this point, each side will have an individual session with the mediator. The mediator will share his or her thoughts about the case. The parties can respond in confidence and share any information with the mediator or instruct him or her to pass certain information to the other side.
The mediator will be moving back and forth between the two rooms, conveying parties’ settlement offers, and hopefully facilitate a compromise that eventually leads to a dispute resolution.
Consult Our Attorney Today
Are you involved in a lawsuit and perhaps you intend to pursue mediation to settle it? You need to consult our attorney who specializes in this area of the law. You will ask the attorney the specific questions about your case and he or she will provide you with the answers that you need to help you make an informed decision. Further, you will get to learn how professionals in Atlanta conducts mediation.
Legal Mediation Atlanta GA
Contact Bobe & Snell Law Office LLC today at (470) 268-5802 or fill out the contact form to schedule a free, no-obligation consultation as you prepare to settle your case through legal mediation Atlanta GA.
Legal Mediation Atlanta GA