What Cases are Eligible for Mediation
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Mediation Cases: What Cases are Eligible for Mediation?

Mediation cases are a privatized and unofficial way to settle disputes without reliant on a legal judgment issued by a judge. Each of the individuals involved in mediation meet with an unbiased 3rd party to come to a jointly agreeable solution that is going to end the conflict. Parties are not obligated to agree to a solution through mediation. Instead, the mediator promotes communication to aid the parties to reach a reciprocal agreement. Usually, attorneys aren’t involved in mediation and the parties involved in the dispute usually represent themselves through the mediation process.

What Types of Cases Can Be Mediated?

Mediation can be used in most non-criminal issues. Nevertheless, many non-violent criminal cases, such as those involving verbal intimidation, usually results in a successful resolution throughout mediation. Claims that don’t involve legal issues are also ideal candidates for using mediation. For instance, a dispute with a neighbor over an infringing bush or the brightness of their flood lights is hardly the kind of claim that is grounds for a lawsuit. In this kind of circumstance, it might be a good idea to seek mediation to cease the conflict.

Mediation cases usually involve conflict emerging in divorce and child custody matters and in squabbles between family members, neighbors, business colleagues, landlords and their tenants, and trade unions and supervisors. In many jurisdictions, mediation is required if it involves child custody matters of disagreements between neighbors.

Benefits of Mediation

In some cases, mediation might be preferred over filing a lawsuit. Mediation offers the below advantages:

  • There are some exceptions, but what the parties discuss throughout mediation is private and not subject to use in a lawsuit down the road. Judicial proceedings, at the same time, are matters of public record.
  • Less costly than litigation. Mediation cases cost significantly less than court costs and lawyer fees.
  • Quicker resolution than heading to court. Lawsuits could take years for the outcome in a court ruling, but mediation could take as little as a couple of hours or a couple of sessions.
  • The parties determine. The parties involved mediation, neither a judge or jury, determine the resolution.
  • The parties talk directly. Instead of communicating through attorneys, the parties talk directly to one other.

What Happens Throughout Mediation

In a lot of mediation cases, the below happens:

  • The mediator clarifies the guidelines and method involved through mediation.
  • Declarations by the parties. Each party has the chance to detail the dispute.
  • Identifying the dispute. The mediator is going to ask the parties questions for the purpose of gaining a better understanding of the dispute.
  • Private meetings. The mediator is going to carry out private meetings with the parties for the purpose of gaining a better understanding of each party’s side and to examine possible remedies.
  • The mediator is going to help the parties come to an agreeable solution.
  • Written agreement. When the parties come to a resolution, the mediator might put the agreement in writing and request that the parties sign it. In a lot of states, this document can be defended in court.

In Conclusion

Get a hold of a qualified attorney to represent your concerns in the mediation of your dispute

Source:

  1. Mediation cases: What cases are eligible for mediation? Findlaw. (2016, June 21). Retrieved October 12, 2021, from https://www.findlaw.com/adr/mediation/mediation-cases-what-cases-are-eligible-for-mediation.html.

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While the divorce mediation process is not for everyone, it can save you money, stress, and hassle. Speak with a professional divorce mediator to find out if divorce mediation is right for your family.

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If you’re ready to start your consultation with Ogborne Law, visit our Mediation Consultation request page.

Ogborne Law can help with divorce mediation in Phoenix, Arizona, and surrounding areas. Our law office is located at 5020 E Shea Blvd Suite 240, Scottsdale, AZ 85254 inside the Paradise Valley Plaza.

Let us show you how divorce mediation can be a perfect solution to allow you to end your marriage today without ending your family.

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