When you picture the resolution of a legal dispute, your mind likely fills with images of suit-clad parties standing in a stuffy courtroom and airing dirty laundry quite publicly. While this traditional manner is one by which disputes can be resolved, it isn’t the only option. Mediation is another popular venue. To mediate a disagreement, parties come together with the aid of a trained mediator and reach a mutually agreeable resolution. Mediation can be used in almost any form of non-criminal complaint, from family law to consumer complaints.
When to Mediate
Saving Continuing Relationships
By engaging in mediation services as opposed to taking the party with whom you have a disagreement to court, you can better maintain relationships. This is particularly beneficial if the party with whom you disagree is a family member. Also, in cases of a divorce involving children, choosing to mediate can make the entire process easier on the youngsters involved, reminds the National Conflict Resolution Center.
Maintaining Confidentiality
If you take the party which whom you are having a disagreement to court, the case becomes part of the public record. If instead, you mediate, all details of the disagreement remain confidential, states the American Bar Association. This increased confidentiality can be particularly beneficial if the nature of the case is embarrassing or highly personal.
Retaining Decision Making Power
When you take your case to court, the case will conclude with a judge’s ruling – with which you may or may not agree. Conversely, at the conclusion of the mediation, both parties must agree to the final decisions. This makes the mediation process potentially less risky, as you don’t simply have to accept the decree handed down at the case’s end.
When Not to Meditate
Domestic Violence Cases
You might not wish to engage in mediation if one of the parties in the dispute has been victim to domestic violence at the hands of the other party. As the women’s law center, Legal Voice, cautions, in cases where one party has been victimized, agreements made in mediation might be influenced by past or current intimidation and may not be in the best interest of the victimized party.
Personal Protective Orders
If a personal protection order is in place, you might not even be allowed to entertain the option of mediation. In cases where a personal protective order (PPO) is in place, parties who which to engage in mediation must first attend a court hearing at which it will be determined whether mediation is a viable option, reminds the Michigan Bar Association.
While there are cases in which mediation isn’t the best option – or, perhaps, isn’t even an option at all – mediation is generally a highly beneficial legal option for parties engaged in a dispute to exercise. In many cases, the benefits of engaging in mediation outweigh the potential issues associated with choosing to mediate. If you find yourself facing a legal battle, carefully consider whether mediation might be the best choice when evaluating the legal avenues at your disposal.
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