Using Mediation in Premises Liability Disputes
Premises liability cases can be some of the most hotly contested disputes in existence. Those involved are asked to defend their right to compensation because of an injury against someone defending the safety and function of his or her property. These are very personal issues and all too often, the personal side of the dispute interferes with everyone’s ability to view the issue reasonably and negotiate in good faith.
It is the personal aspect of premises liability disputes that makes mediation so effective for resolving the matter. Mediation provides a forum in which personal facets of a dispute can be addressed – far more so than they ever would be in a courtroom. Skilled mediators have the ability to take two sides of a dispute that seem far from a resolution together to examine the issue and eventually reach a compromise. Often, addressing the personal issues of a dispute is the best way to move negotiations forward. People feel understood and acknowledged when emotional issues are addressed and that makes them better able and willing to negotiate.
Premises liability disputes can vary a great deal in the details. Injuries can be minor or severe, so it is important to address each instance on a case by case basis. This can be tough in the courtroom, where resources are limited. Laws are applied across the board and the flexibility that could bring a case to a successful conclusion that makes everyone happy is just not an option. Litigation can result in everyone involved in a premises liability dispute walking away unhappy with the outcome.
Mutual satisfaction is guaranteed in a successful mediation. As a matter of fact, mediation requires both parties agree on a resolution and if this is impossible, they move onto another option. Mediation is ideal for premises liability disputes and there are no instances in which someone walks away from mediation unhappy, unless they allow this to happen.