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Houston Estate Planning and Probate Blog

Monday, November 9, 2015

Mediation: Is It Right For You?

Mediation is one form of alternative dispute resolution (ADR) that allows parties to seek a remedy for their conflict without court intervention or a trial. Parties work with a mediator, who is a neutral third party. In addition to formalized training in mediation, usually, mediators also have received some training in negotiation or their professional background provides that practical experience.

Unlike a judge, a mediator does not decide the outcome of a matter or who wins; rather, a mediator facilitates communication between the parties and helps the parties identify issues and possible solutions to their conflict. The goal is for parties to compromise and reach an acceptable agreement.

Mediation can be an appealing option because it is much less adversarial. This might be important when the relationship between the parties has to continue in the future, such as between a divorcing couple with children. The process is also less formal than court proceedings.

Mediation often costs significantly less than litigation, which is another benefit. Another advantage to using mediation is that it generally takes much less time than a traditional lawsuit. Litigation can drag on for years, but mediation can typically be completed in a much shorter time frame. Court systems are embracing mediation and other forms of ADR in an effort to clear their clogged dockets. There are some programs that are voluntary, but in some jurisdictions, pursuing mediation is a mandatory step before a lawsuit can proceed to trial.

Mediation can be used in a variety of cases, and it is sometimes required by a contract between the parties. Mediators can be found through referrals from attorneys, courts or bar associations, and there are companies that specifically provide ADR services. Ideally, a mediator will have some training or background in the area of law related to your dispute.

Mediation is often a successful way to reach a settlement.

Contact our law firm today to help determine if mediation would be a valuable tool to resolve your dispute.


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