Importance of Mediation
During Litigation

Whenever possible, socioeconomic conflicts at home, school, work or in the community, should be eased via mediation to avoid or reduce time spent in court and eliminate or reduce court costs. An assigned advocate (mediator, negotiator, lawyer) must be prepared to hear all issues from all parties involved through proper recourse, if that’s the direction decided upon by the courts or by the parties themselves.

So, how does one initiate the mediation process? The first step is to analyze the issues to identify the core of the problem and determine whether negotiating is possible. Then you need to become resourceful by seeking pertinent information and making contacts with those professionals who would be able to assist you in reducing and hopefully eliminating your specific problem using this process.

Mediators (negotiators) can be independent agents, court appointed agents and some attorneys specialize in mediating first rather than automatically filing legal petitions with the courts. The results of the session(s) are still legal even though court time was avoided or reduced.

Gathering as much information you possibly can that’s relevant to your case and providing it to your attorney should reduce time necessary for compiling factual documentation for the mediation process, which, in turn, should reduce the cost of his or her (your lawyer’s) professional services. Compare the cost of mediation to cost of anticipated court hearings plus consider the advantages of possibly negotiating to your own advantage in order to see how this strategy could benefit you overall.

The specifics of what to expect during mediation sessions will be explained to you by your attorney prior to the scheduled meeting, and the rules of the road will be clearly explained by the mediator before the session starts. The main thing to remember is that each side gets to speak and there will be no interruptions allowed during the process so as to maintain a peaceful discussion, which is fully directed and controlled by the appointed advocate.

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Article Written and Published by Ollie K. Mears
Owner/Founder of Mears Management and Bronzed Connections
Information Enhanced, Moved and Added to forum June 4, 2014