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Are you involved in a civil litigation case that’s going into mediation? The civil litigation attorneys at Wilson, Reives, Silverman & Doran are committed to winning your case. In civil litigation cases, alternative dispute resolution (ADR) is used to settle civil matters without going to court.

One of the most common types of ADR is mediation, a process that allows all of the parties involved to negotiate until they reach a fair resolution.

What is mediation?

Mediation is a voluntary and structured process in which a neutral third party, known as a “mediator,” helps individuals or parties in conflict to communicate, understand each other’s perspectives, and work toward a mutually acceptable resolution to their dispute.

What is the mediation process?

During a mediation session, the mediator oversees the negotiations and makes sure everyone has a chance to tell their side of the story. The mediator also asks questions and helps come up with possible solutions to solve the dispute. Because the mediator isn’t allowed to provide legal advice, it is important that you have an experienced civil litigation attorney to guide you through the process.

Mediation sessions

Although every mediation session is a little different, most sessions progress the same way:

  • The mediator introduces everyone present at the mediation session, explains the rules for mediation, and encourages all parties to cooperate with each other during the mediation.
  • Each party provides an overview of the dispute as they see it, and comes up with suggestions for resolving the dispute fairly.
  • The mediator asks questions and helps the parties have a calm discussion about the dispute.
  • Each party has the opportunity to meet privately with the mediator. In some cases, both parties will meet with the mediator several times before reaching an agreement.
  • The mediator allows the participants to negotiate with each other.
  • If the parties reach an agreement, the mediator puts it in writing. It is important to have one of our experienced civil litigation attorneys review any agreement before you sign it.
  • If the parties are unable to reach an agreement, the mediator summarizes their progress and explains the options available. In some cases, the participants have to try arbitration or resolve the dispute in court.

How long does mediation take?

The duration of the mediation process can vary significantly based on several factors, including the complexity of the dispute, the willingness of the parties to cooperate, the skills of the mediator, and the number of issues that need to be addressed. Mediation is generally considered a more time-efficient process compared to litigation, but it can still span a range of time frames.

What types of cases can be resolved through mediation?

Mediation is used to resolve many types of civil litigation cases, including:

  • Custody agreements
  • Small business disputes
  • Divorce settlements
  • Breach of contract
  • Landlord-tenant disputes
  • Disputes with neighbors

It’s not just a case, it’s your life.

It’s not just a case, it’s your life.

Benefits of mediation

There are several advantages to resolving a dispute with mediation.

To begin with, it’s less formal than going to court, so you’ll have a chance to tell the mediator what happened in your own words. You’ll also have the opportunity to discuss your feelings about the dispute.

Also, if you decide to go through this process, you’ll get to choose what happens. Instead of a judge or jury making a decision, you and your civil litigation attorney will negotiate with the other party and try to come to an agreement that benefits everyone.

It’s also a less combative method of resolution. If the dispute is with a friend, neighbor, family member, or business partner, for example, going through mediation rather than to trial can also help you repair your relationship with that person.

Lastly, because mediation is very informal, it is also very flexible. You don’t have to follow the same rules as you would in court, and attending a mediation session is less intimidating than appearing in front of a judge. It is also ideal for disputes involving more than two parties.

Why should I work with a civil litigation attorney on mediation?

It is important to have an experienced civil litigation attorney available to guide you through the process. The civil litigation lawyers at Wilson, Reives, Silverman & Doran are here to provide you with trusted, effective legal counsel. We’ll help you navigate the course and provide the guidance you need to make good decisions.

Call (919) 775-5653 or contact us and set up a consultation to speak with one of our experienced civil claims attorneys about your case.

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