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THE POSITIVES
OF MEDIATION & DISPUTE SOLUTION
The
Benefits of Mediation
Price: Mediation cost less than
litigating a dispute in court. This is important
to many people who are looking to solve a
dispute.
Time: Many state and federal
courts are backlogged and cannot hear cases as
quickly as litigants would like. Mediation, on
the other hand, can be scheduled at the
convenience of the parties and the mediator.
Thus, in certain situations such as divorce or
employment disputes, many parties favor
mediation over litigation.
Control: If your case goes to
court or to arbitration then you are bound by
the findings of the judge or arbitrator.
However, in order for a mediation agreement to
be enforceable you have to sign it and approve
it. Without your consent, the agreement has no
effect.
You Reserve the Right to Litigate:
If you do not like the outcome of the mediation
and you do not reach a mediation agreement then
you can proceed to court.
How
Dispute Resolution Works
Often mediation is less expensive and less time
consuming than litigation. Mediation allows you
to stay in control of the situation because no
solution is reached unless you agree to it. That
said, it is important to understand generally
what happens at mediation.
You and the other party must agree to
participate in the mediation and agree that Mark
Siegel will mediate the dispute.
The next step is to arrive at Mark's office. Once there,
he
typically holds a joint session with both
parties to the dispute and reviews the ground
rules for the mediation and explains how the
process works. A joint session is not always the
best idea, but, generally Mark will
decide this.
Mark explains the rules, he usually asks each party to explain the
issues that brought them to the mediation.
Sometimes he does this with both parties present,
but sometimes he puts the parties in separate rooms
to hear
from them individually. This is usually a matter
of preference and may depend,
in part, on how contentious the parties are
toward one another. Mark will generally
separate the parties after each has explained
their respective positions. He will
then attempt to help the parties solve and
settle the dispute.
Usually the mediation ends with the parties
settling their dispute.
Mark will help the parties put their
agreement in writing. Once the parties, with
the advice of counsel (if they so choose), have
read the agreement then they will sign it and it
will become binding. If necessary, the mediation
agreement should be filed with the local court.
In some jurisdictions the parties can reach a
partial agreement and decide to litigate any
remaining issues.
Mediation is meant to be a more efficient, less
formal and less contentious process than
litigation. It is important, however, that the
parties go into the mediation with a spirit of
compromise and a basic knowledge of how the
process works in order for their case to be
successful.
Contact us today to speak with Mark Siegel
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