If you have found yourself in the midst of a legal dispute, you likely want to find resolution as quickly and easily as possible. The legal process can be lengthy and expensive, and there is no guarantee that your situation will be resolved to your liking, or at all. So, how can you resolve a dispute without the hassle, time, and cost associated with a court battle?
At The Embry Law Firm, we offer these top 5 reasons to consider mediation to resolve a dispute successfully. Mediation is considered a form of alternative dispute resolution (ADR) – meaning that it is an alternative to trial. Many disputes can be resolved through mediation, including business, marriage, probate, and real estate disputes.
There are many reasons why mediation may be a suitable alternative for dispute resolution. Let’s take a look at the top five.
1. Mediation is Less Expensive
Let’s be honest. One of the main reasons why people fear the legal system is because they believe that it is expensive. In some cases, that is true. However, with mediation, there are no court costs or filing fees, and any attorney fees will be between you and your counsel – if you choose to hire an attorney. On average, a trial costs around $50,000 in fees and expenses. Mediation can often be completed in a single meeting, with the total cost averaging around $2,500 for resolution.
2. Mediation Takes Less Time
As mentioned above, through mediation, you may find a resolution in as little as a single meeting. That is not always the case, of course, and you shouldn’t feel like you have to rush the process. The goal of mediation is to find resolution that is acceptable to all parties involved, in a timely manner. Trials often take weeks, months, or even years to move through the legal system, reach the courtroom, and finally reach a ruling. Mediation offers you the flexibility of meeting on your schedule, rather than that of the court.
3. Mediation is Legally Binding
One of the primary concerns that clients have about mediation is whether it is as legally binding as a judge’s ruling. At the conclusion of mediation, both parties and their respective attorneys have the option of drawing up an agreement. This agreement includes the resolution as discussed during the mediation, including details and stipulations. Both parties sign the agreement. If a case was previously filed with the court, the attorneys can file the mediation agreement with the court and request the case be dismissed. If no case was filed with the court, then the attorneys can draw up a contract. In either case, the final mediation agreement is signed, and will be legally binding and enforceable.
4. Mediation is More Comfortable
Legal disputes are rarely a comfortable and appealing situation. However, mediation offers the benefit of being in a more comfortable and casual environment for dispute resolution. Mediation has become increasingly common in family law disputes and disputes involving business partners – situations in which both parties want or need to stay on good terms after the dispute is settled. Mediation allows both parties a comfortable environment in which to express their side of the case and respond to the other party doing the same. With an objective mediator on hand, the dispute resolution process is guided, but the focus is on both parties finding successful resolution.
5. Personalized Results
When a legal dispute is heard before a judge and/or jury, the environment is very sterile and follows a legal process that is very inflexible. In having to adhere to processes and meet deadlines, trials often result in what may feel like a one-sided ruling. Sometimes, that is perfectly acceptable. Through mediation, the parties involved in the dispute are allowed to personalize the final resolution and outcome. Mediation allows both parties, their attorneys, and the mediator the opportunity to work together to find resolution that works for everyone involved. To successfully resolve a dispute, creative and less-sterile options can be a huge advantage.
Is Mediation Right for Me?
Every legal dispute is different. The best way to determine if mediation is a good option for your case is to contact The Embry Law Firm to discuss your case. At The Embry Law Firm, our attorney is also a Douglasville mediator, and can help you understand your options and find the best option for resolution.