Mediation
A mediation is a form of alternative dispute resolution and is a popular alternative to a traditional lawsuit. During a mediation, both the plaintiff and defendant meet to discuss their dispute in front of a neutral third-party, the mediator. The mediator's job is to encourage meaningful conversation between the two parties, and to help bring the two sides to a voluntary resolution in order to avoid trial.
Mediations are becoming increasingly popular because they allow for cases to be settled quickly, the terms of the settlements can be outlined in detail in the settlement agreement, they are typically much cheaper than traditional lawsuits, and they are much less stressful than a traditional lawsuit. You may wish to have your attorney present at a mediation, or agree with the opposing side that attorneys should be excluded. During a mediation the mediator may want to speak with one side individually and this is known as a caucus.
All discussions made during a mediation are confidential. If a settlement is reached, the parties can decide whether they dismiss the case either "with prejudice," or "without prejudice." If the parties select with prejudice, this means they will be prevented from ever filing a lawsuit on the case in another forum like a court. If they decide to dismiss the case without prejudice, it means the same exact case can be filed in a court of law despite coming to a resolution during the mediation.
If you have any questions, feel free to call an experienced mediation attorney or speak with a local mediator.
For assistance with your case, click here to find Mediation Attorneys near you or find an attorney in a different state.
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Frequently Asked Questions
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What Is Mediation?
Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process by advising and listending to … more -
How Do We Get To Mediation?
The mediation process is usually voluntary the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. However, it is increasingly common … more -
How Much Time Is Required To Schedule A Mediation?
Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define the time parameters for each … more
Legal Articles
- The Pros and Cons of Mediation
Mediation is a popular form of alternative dispute resolution. In many situations it provides parties with a good opportunity to resolve their differences without going to court. However, there are drawbacks to the mediation process. Therefore, before you agree to engage in mediation it is important to think about whether it is the best way for you to decide your current … more - How Mediation Works
You may be intrigued by the idea of mediating, instead of litigating, your next dispute. Often, mediations are less expensive and less time consuming than litigations. They also allow you to stay in control of the situation since no resolution is reached unless you agree to it. That said, it is important to understand exactly what happens at mediation before you agree to … more

