The Decision of Mediation vs. Litigation When Trying to Settle Disputes
If you are going through a divorce or other legal dispute, you have a few different options available to settle unagreeable issues. While litigation is a traditional dispute settlement route, mediation can be a mutually beneficial and cost-effective strategy too. Either way, a legal representative should be consulted and be present at any meetings with the opposing party.
Here is some information about mediation as an option to settle disputes, including details about the mediation process and its benefits.
How to Define Mediation
To best define mediation, consider this a legal intervention that involves a neutral third-party to help settle a dispute. During mediation, a trained professional with a high level of patience and sense of fairness meets with and listens to the sides of both parties. The matter at hand could be a dispute that has already been filed in court or that may potentially be in the future if an agreement is not reached beforehand. The mediator does not give legal advice or render a final decision but rather helps the parties reach their own conclusion to possibly settle a case without needing to go to litigation.
While divorce mediation is a common application for this legal process, it is also used for personal injury, commercial transactions, labor relations, employment, workers compensation, and other types of family law cases. To protect your legal rights and be best prepared for mediation, it is strongly advised to have your attorney present at mediation sessions. Depending on the situation, you may also wish to have a spouse, parent, or other trusted person present at a mediation rather than having them only available by phone.
Benefits of Court Mediation
Compared to litigation, mediation is typically faster, cheaper, and less emotionally draining than taking someone to court. Therefore, it is often a first step to an attempted resolution and a process we can help you with at Alatsas Law Firm.
Taking someone to court could result in an unwanted verdict, where the losing party gets nothing. However, with mediation, there is an opportunity for both parties to gain something and feel like they achieved a resolution they can live with. Ultimately, this is a way for you and the other party to have more control over the process rather than putting everything into the hands of the court. Another benefit is that the mediation process encourages you and the other party to communicate more effectively, which could be useful for avoiding future potential disputes.
What Happens When Divorce Mediation Isn’t Successful?
Mediation is often worth the initial time and effort to settle a dispute, but it does not always result in a settlement that both parties agree upon. In complex, emotionally charged, and multi-faceted disputes, litigation may still be necessary after a mediation attempt.
Remember that mediation is not always the best option in a dispute to begin with. For example, a couple with a history of domestic violence in its relationship may need to go straight to the litigation process for the safety of the victim and the efficiency of the divorce.
Legal Guidance Through the Mediation Process
Whether you are faced with a divorce, child custody, or other family law matter, Theodore Alatsas, Esq. is here to help you explore the possibility and potential of the mediation process. We will listen to your needs and the specific details of your case. Then we’ll advise you whether mediation is a good option for your circumstance and what the next steps are before resorting to litigation.
For a free consultation, contact our Brooklyn office at 718-233-2903 or via online form.