MEDIATION

Updated: Jan 4, 2018

Mediation is a good alternative to litigation because it is a more cost effective option that has a high success rate.


Litigation starts the moment a party (Plaintiff) places their case in the court system seeking to enforce their legal rights against another party (Defendant). The litigation process is expensive, time consuming, and unpredictable. 

Mediation is a good alternative to litigation because it is a more cost effective option that has a high success rate.

Some important mediation tips:

  • Understand the mediation process. Typically, the mediator goes over the rules before the mediation starts. However, if you still have a question, you should speak up and ask before the mediation starts. Some of the more important things you need to now are the following: 1) Voluntary: a mediation is typically a voluntary process (sometimes it may be court ordered) that provides both parties a chance to resolve their case prior to trial; 2) Confidential: the mediation is a confidential process that assures that the statements made during the mediation cannot later be used at trial; 3) Neutral Third Party: the mediator is a neutral third party that helps sets forth the guidelines that serves to help both sides reach an agreement; and 4) Impasse: An impasse takes place when an agreement between the two parties cannot be reached wherein the case will then continue to trial.

  • Know your file. Before the mediation you should completely review your file (pleadings, discovery, evidence, etc.).

  • Meet with your attorney. Make sure that you meet with your attorney before the mediation so that you can ask any question you may have regarding the file or even the mediation process. The time to ask questions is not on the day of the mediation. 

  • Be prepared to go to trial. Remember that mediation is a good opportunity to resolve your case. However, do not compromise your legal rights if the other side refuses to participate in good faith and presents unreasonable offers.   Be ready to go to trial.

The mediation is a day reserved for YOU so make sure are prepared.

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