The Basics of Mediation Services

Judge faith s. hochberg

Mediation law is a form of ADR (alternative dispute resolution) that specializes in lawsuit mediation between those involved in the lawsuit and an effective neutral mediator. There are many purposes for this practice in that many times, people would rather settle out of court than to go through the trial process. Whether your lawsuit involves a commercial contract, a personal injury or license agreements, virtually any type of lawsuit can be handled through standard mediation services.

If you’re still not convinced that a mediation service may be right for you, remember that the mediator is a completely neutral third party, and wants to find the best solution for everyone. They are there to listen thoroughly to all pieces of evidence and help each litigant to understand the other’s side of the case. The biggest purpose of hiring an arbitration service is to avoid the time and financial expenses that come along with taking a case to court. A personal injury case could easily cost upwards of $100,000 to bring to court. On the other hand, hiring a mediator costs a couple hundred bucks an hour, and the litigants are likely to reach a solution by the end of the day. The main circumstance to hiring a mediator comes when the litigants are unlikely to reach a solution on their own.

When seeking out a mediator, look for one that specializes in your type of case. Retired lawyers often become mediators and certainly know their way around the law. Be aware that some trial attorneys may be too aggressive to successfully mediate a case, so make sure to pay attention to their demeanor before making any final decisions regarding mediation.

It’s also important to note that in a case where mediation is extremely unlikely to bring a solution, taking the case to trial may be the best option. This is because if a mediator fails to find a solution and the case does go to trial, it may take away the element of surprise by disclosing the party’s best arguments before the trial.

Overall, mediation is a useful resource that has many benefits. In 1962, 11.5% of federal civil cases went to trial. Today, experts say the percentage of civil cases that actually reach trial in the Federal courts is estimated to be about 1%. If you’d rather avoid a costly trial, mediation is an option for many types of lawsuits.

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