Our firm is here to resolve YOUR problem.
Mediation is a cost effective and beneficial alternative to lawsuits and litigation. Settle your case today! Contact our office to set up your mediation.
Benefits of Mediation
- Cost Effective – costs less than a lawsuit
- Saves Time – resolution in a matter of weeks
- Preserves Relationships between the parties
- No Risk – if you can’t come to an agreement you can still take it to court
- More Options – provides resolution for cases that otherwise could not go to court
- Confidentiality
What Kinds of Cases can be Mediated?
Mediation is a great way to resolve disputes. Because mediation works to find the best possible outcome for both parties, as opposed to litigation, it is a great way to resolve conflicts between parties who need to maintain a continuing personal or business relationship such as landlord/tenant, employer/employee, and family affairs.
Most civil disputes can be mediated. Some examples include small business partnership deals and dissolution, employment issues and discrimination, divorce, child custody and family affairs, neighbor disputes and more. Criminal cases, however, cannot be mediated.
Mediation is also available when the courts are not. Most common disputes do not raise a legal claim which could be fought in a lawsuit in court. Therefore, mediation is an alternative dispute resolution for when the dispute cannot be brought to court or the parties do not wish to bring a lawsuit.
Why Consider Mediation?
Mediation is the best possible approach to conflict resolution because the neutral third party (the mediator) works to find the best possible solution for both parties. Both parties come to the agreement together and agreements reached through mediation are more likely to be carried out than those imposed by a judge. Mediation works to maintain relationships instead of facing people off against each other. It focuses on problem solving rather than legal idiosyncrasies.
As with any good negotiation, the mediator helps to determine the goals or terms most significant to each party. Once each party understands where the other one is coming from, it is easier to reach a decision that satisfies both sides. Both parties get more of a say in the matter as opposed to giving that up to juries and judges who will make the decisions for you.
Mediation is also more economical. Mediation is far less time consuming and less expensive than a lawsuit. Litigation can drag out for years where as mediation might produce a solution in a few hours. Most mediations last a few hours or a half a day. More complex negotiations, involving significant sums of money or property, may take a few sessions. Mediation times can be scheduled at the convenience of the parties and usually within a few weeks. That flexibility is not possible with litigation where court dates and other appearances are scheduled and mandatory. Considering the costs of preparing a case for trial, mediation is a great economical deal in terms of costs and is less expensive than bringing a case to trial.
In addition to saving time and money, mediation is great because it provides confidentiality. A case brought to court is recorded on the public record. What you say during a mediation cannot legally be discussed outside of the mediation hearings or later used in court. Therefore, mediation is great for cases where the parties do not wish their personal business or secrets to become part of public record.
Mediation is still a possibility even if you and your opposing party have already hired lawyers and/or are involved in a lawsuit. Mediation may be a quicker way to reach an agreed settlement. A lawyer can help prepare you for a mediation, evaluate the settlements or agreements and determine whether or not the settlement terms are in your best interest, (and whether you had a better chance of succeeding in court), and they can write a binding agreement to make sure the agreement reached in mediation is enforced. Lawyers can also help get the opposing party to the agreement table.
Our Confidence
I am certified by the Tennessee Supreme Court Alternative Dispute Resolution Commission as a Rule 31 Family Law Mediator. If there is an opportunity to resolve your disputes amicably, please feel free to contact me. I cannot represent either party, but I am happy to act as a disinterested, fair, firm and determined referee to successfully resolve your differences. My rates range from $95.00 per hour to $250.00 per hour.
