Civil mediation is a form of dispute resolution that helps two parties resolve a civil lawsuit without going to court. It can save your company time and significant resources, but it is only effective if you understand the process and purpose of mediation. If your company is going through mediation, ensure your business dispute lawyer is there for every step of the process. While you could go through mediation alone, an attorney can ensure your case is accurately represented and that the court-appointed mediator makes the proceedings fair.
When Can Mediation be Initiated?
Mediation can be requested at any time. There are times both parties may agree to mediation before a lawsuit is even filed, while other times it is after the formal complaint is made. Court can demand mediation, while other times one or both parties can request it. If the courts feel your civil case can be resolved without a trial, they may require mediation in hopes you can come to an agreement.
Once mediation is accepted, your business dispute lawyer will file the necessary papers with your county.
The county will then determine which mediation service to appoint for your job, though they may already have a list of approved mediator services on their county website.
Selecting the Mediator for Your Case
Both parties have a say in which mediator is used. They must select a neutral mediator, typically a third party that is an attorney or retired official. The mediator then hears both parties’ arguments, examines their evidence, and works to negotiate an agreement between each party.
Mediation does not have to be done with just one individual. Parties can elect a panel of mediators or a single mediator. A panel, however, is often selected by the courts and the participants are selected at random.
Going thru Mediation
Plaintiffs are responsible for scheduling the mediation appointments. They will select a time and place for the mediation and they must give the other party enough notice to prepare their case. Most mediations are required to be completed within a specified timeframe, which is assigned by the court. You do not have to speak to the mediator directly; instead, your business dispute lawyer will handle all mediation and negotiations on your behalf. You can, however, be present for the mediation.
Mediation is an ideal option for businesses that want to resolve a lawsuit before it goes to court. As long as you have an open mind and you are open to negotiations, you may find you save more money and time with mediation. It is best to discuss the option of mediation with your attorney before deciding it is right for you. While it is advantageous, there are certain situations where mediation is not necessary or going to trial may be in the best interest of your case. Therefore, let your attorney examine the facts and determine if mediation is right for you.
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