If you’re facing some type of legal issue, like a divorce or a wrongful death case, you may be wondering if there’s a less adversarial way to go about things. This is where mediation becomes an option. This type of dispute resolution is more private, peaceful and informal than traditional litigation.
Types of Cases Eligible for Mediation
While you may initially think of getting a mediator for a divorce or child support case, there are all sorts of cases that may benefit from mediation. Most non-criminal cases have this as an option, and there are also non-violent criminal cases that may be eligible, such as verbal harassment. Disputes with neighbors, landlords or tenants, business partners, management or labor unions may benefit from working with a mediator. Mediation can prove particularly helpful when it comes to family matters. For example, elder care and estate planning decisions are often difficult to make and fraught with tension. In these cases, mediators help families discuss difficult topics so that they can resolve conflict and make important decisions in terms of inheritance and end-of-life care.
Non-Legal Claims
Another reason you may want to consider mediation is for non-legal issues. Not all claims have to have a legal aspect in order to benefit from having a mediator. An example is this is a problem you have with a neighbor about something that’s over the property line, like an overgrown tree. This type of situation may be serious enough to need conflict resolution, but not enough to require a lawsuit. A mediator may be able to end the conflict without needing any more action.
Benefits of Working with a Mediator
There are several advantages of handling issues in a non-adversarial way:
- Everything is confidential. Most of the time, whatever you or the other party says to a mediator is private and cannot be used in a lawsuit.
- The price is lower than traditional litigation, and you won’t have to pay court fees or high lawyer fees.
- The process is a lot faster than if you were to go to court. Sometimes, issues can be solved after just a couple of hours or a handful of sessions.
- You get to decide, along with the other party, what the best outcome is. You’re not at the whim of a jury or judge.
- You’ll be able to directly communicate with the other party, instead of relying on lawyers to transfer information. Should a conversation get heated, the mediator will be there for you to also speak to.
It’s very possible that the legal or non-legal issue your facing may be best handled with the help of a mediator. This is a great alternative if you want the dispute settled quickly and in a way that benefits both parties.
Whether you choose litigation or mediation, remember that time is of the essence. According to Christensen Law, even though legal situations that arise such as wrongful death can cause tremendous pain, it’s important not to wait too long before bringing legal action; if you wait past the statute of limitations to act, many of your legal options will be limited.
Contact Phlox-ADR today to talk about your situation and if mediation is the solution you need!
