If you are aware of legal lawsuits and dispute, then you would have definitely heard the word ‘mediation’. This is one of the most important options for settling a case that will be mutually beneficial for both the parties. A mediation process takes place in front of a neutral third person called the mediator. He or she will hear the issue between the two parties concerned and will help the parties to settle the issue in an amicable way without looking at the merits of the case.
Who can carry out mediation?
There are many full-fledged mediators vastly experienced in the field of mediation. You can even hire retired judges, attorneys, or practicing lawyers to help in the mediation of a case. The best mediator for any case will be the one who is totally neutral and does not come under the pressure of both the parties when taking a decision. They will help the two parties involved to recognize the strengths and the weaknesses of the case. By this way, both parties will be able to digest the outcome of the case and the decision that the mediator takes. There is a lot of money involved in taking up a dispute case in court and also there are a few risks involved in it. The mediator will explain in detail to both parties the time taken to complete the case before a sitting judge or jury. By hiring a good mediator, you can settle your case in an amicable manner without much of a loss.
How to commence the mediation process?
- One option to start the mediation of a dispute you have with another person or the business is to ask the other side to initiate the mediation process for the case.
- If this is not working, you can take a call by approaching a mediator to call the other party to the mediation table.
- If you are not aware of any of the leading mediators, you can always approach the local court and get leads to the best mediators. The other sources to tap to find a legal mediator are private mediation companies, local bar association or the internet.
- The mediator you approach should be one who is familiar with the law of your dispute. You need to choose a local mediator who knows the geographic area and the local laws as well.
- Before hiring the mediator, it is better to ask the mediating fees and the time allowed for the mediation. A reliable and good mediator will not be time-bound and would be ready to offer his or her services to help resolve the case.
The success of the mediation is half achieved if both the parties involved are ready to sit across the mediating table. A good mediator will have detailed discussion with both parties involved and will come out with solutions that do not affect both the parties very badly. The parties will be ready for a final settlement after hearing from the mediator so that they can avoid the unnecessary wastage of time, effort and money if the case goes to a trial.