There is a way to resolve a legal dispute with another party that saves time and money, avoids stress, and gives you the satisfaction of knowing that you and the opposing party can resolve the conflict in a self-determined and respectful manner outside of court litigation. Mediation gives you complete power and control to reach a mutually acceptable resolution without the high costs of litigation.

Mediation is a facilitated negotiation. It is a process in which an impartial third party (mediator) helps parties in dispute to resolve their differences and negotiate a mutually acceptable settlement agreement. Mediation focuses on problem solving and exploring ways to resolve the conflict.

The cost of litigation, i.e., attorney fees, discovery, pretrial motions, other preparation, and the actual trial can be cost prohibitive with questionable chances of succeeding. If you want to avoid costly litigation and a protracted legal proceeding, then consider mediation. Mediation gives you the power to resolve your conflicts to your satisfaction. So, why file a suit when you are empowered to be resolute? Mediate—don’t litigate!

In a mediation settlement conference, the mediator meets with you, the opposing party of your case, and the attorneys representing the parties. The mediator begins the settlement conference by explaining the ground rules for the discussions between the parties who are given an opportunity to present their respective points of view, and then the mediator starts the negotiation process.

In the negotiation process, the mediator’s role is to help the parties talk about the dispute and explore ways to resolve the dispute. At some point during the mediator’s facilitation of the settlement process, the mediator may separate the parties and meet with each party and their attorney for confidential discussions. These separate discussions are known as a “caucus.”  It is critical in the mediation process that the mediator and each party have an opportunity to speak frankly and confidentially. This process is informal with no judge or jury—just the parties and their attorneys approaching the resolution of their dispute in a cooperative and collaborative way.  The mediation settlement process saves the parties from, what could be, exorbitant legal costs, i.e., monetary, nonmonetary, and loss opportunities of litigation. Mediate—don’t litigate!

By:
Jerry M. Williams, PhD.
Raleigh, NC