Share

Mediation

Mediation, which is one alternative to lawsuits, is becoming a more popular way to resolve disputes. Mediation is an informal way for people to resolve disputes using a third party, called a mediator. The mediator is neutral and has been trained to help people discuss their differences. Mediators are not like judges and do not decide which party “wins”. The mediator instead helps the parties come to a solution on their own using communication between the parties and helping them focus on the real issues. The mediator can also think of options to resolve the conflict that would meet the needs of all parties.

Mediation is becoming more popular in part because it is less adversarial. People who are in a conflict can meet in a friendly way to discuss the issues. If parties will have to deal with each other again in the future, such as parents of children who are divorcing, mediation could help improve the relationship. Mediation can also help the parties learn how to deal with conflict in the future.

Another benefit of mediation is that it can be extremely quick when compared to a lawsuit. Lawsuits take at a minimum many months or years, and mediation takes less than three months on average. The court system is beginning to learn the benefits of mediation and many courts send thousands of cases to mediation each year rather than clog the dockets with cases that could be resolved with a mediator. Also, in many cases contracts between the parties in the case require that any dispute be mediated or arbitrated. This is common in construction disputes, medical malpractice cases and real estate purchase agreements.

Mediation is used in a variety disputes, from simple civil lawsuits and divorces to very complex cases. The mediator may have a background in the types of issues and disputes involved, although not necessarily. Mediators come from varied walks of live, and so their practical experience with a certain issue can be invaluable. An effective mediator is neutral in evaluation and resolving a case.

In order to begin mediation, an individual resolved in a dispute could propose mediation to the other side. Or, the mediator could call the other side with an invitation. Mediators can be found by referrals from courts or a bar association, as well as mediation companies. It is helpful to find a mediator with knowledge of the area of law of your dispute.
 
Mediation can often be very successful so long as the parties are willing to participate to reach a settlement. If a settlement isn’t reached, anything learned during the mediation is generally confidential under state law. However, often settlements are reached because parties are able to hear from the other side and learn more information than they would otherwise know in a lawsuit. Also, parties become invested in mediation and want to avoid spending large sums of money and more time on a trial.

Contact our law firm today to see if mediation would be a valuable tool to resolve your conflict.


Attorneys at the LeCrone Law Firm assist clients with Accidents, Automobile Liability, Breach of Contract, Business Formation, Business Law, Business Litigation, Civil Litigation, Commercial Law, Commercial Litigation, Commercial Torts, Construction Litigation, Criminal Law, Deceptive Trade Practices, Defective Construction Claims, Driving While Intoxicated, Felonies, Fire Damage Claims, General Contract Law, Insurance Bad Faith, Insurance Coverage, Insurance Defense, Juvenile Law, Litigation, Mediation, Misdemeanors, Personal Injury, Personal, Injury Defense, Premise Liability and Negligence, Premises Liability, Property Damage Claims, Trial Practice, Trucking Accidents, UMUIM Claims, Wrongful Death, and Wrongful Termination throughout Texas and Oklahoma. We serve all of North Texas including Sherman, Denison, Howe, Bells, Tom Bean and Grayson County, TX.



© 2017 The LeCrone Law Firm, P.C.
123 N. Crockett, Suite 200, Sherman, TX 75090
| Phone: 903-813-1900

Estate Planning for High Net Worth Individuals | Arbitration | Asset Protection | Automobile Accidents | Business Law | Business Succession Planning | Civil Litigation | Commercial Real Estate | Construction Accidents | Criminal Defense | Criminal Defense: White Collar Crimes | Dog Bites | Elder Law / Medicaid Planning | DWI/DUI Defense | Estate Planning | Franchise Law | Guardianships | Insurance Defense | Mediation | Nursing Home Abuse | Personal Injury | Pet Trusts | Planning for Children | Probate & Estate Administration | Product Liability | Purchase/Sale of a Business | Residential Real Estate | Securities Law | Slip/Trip and Fall | Wrongful Death | Practice Areas | Publications | Firm Info

FacebookLinked-In Company

Amicus Creative