Attorneys and law firms have the power to influence important decisions
that impact the lives of their clients. However, when it comes to legal
proceedings, there is more than one way to resolve pending issues. While
litigation is often the most common course of action, it is not always
the best fit for every case. There is another equally valuable method
available for resolving your matter that is not so widely highlighted
- Mediation.
Mediation is an effective family dispute resolution technique where parties try to set aside their differences in order to collaboratively structure a resolution to their matter. It all comes down to the abilities of the mediator to understand the parties and their respective positions so they can tailor a resolution that is mutually acceptable to all parties.
Few law firms provide exemplary mediation services. Rozin | Golinder Law specializes in offering a talented court-appointed mediator, Cheryl M. Spilka, for resolving family issues through dialogue.
What is Mediation?
It is a practice of alternative dispute resolution where a negotiation is facilitated by a neutral third-party. Mediation is different from arbitration and litigation in a variety of ways. Mediation can be chosen as the preferred course of action by the parties involved or it can be ordered by the court. Contractual terms can also dictate that the parties go into mediation in order to resolve certain disputes. The purpose of mediation is to allow parties to sit together and creatively discuss their issues and explore a resolution of those issues so that they can avoid the trauma involved in the Court and trial process.
Difference Between Mediation and Other Alternatives
The primary difference between mediation and arbitration or litigation is that in the former, the supervising third-party doesn’t have the authority to give a binding verdict. The mediator is a neutral third-party who oversees the dialogue and tries to propose options that can be used to form a consensus. In an arbitration and litigation, the decision making party is a judge or another third-party that has been appointed by the relevant authorities.
Benefits of Mediation
Mediation has a number of advantages that can resolve not only the case but also the issue causing it. It is consensual and the results are therefore such that they are acceptable to all the parties. Other merits of the process include:
- Economical: Mediation is generally less costly when compared to other alternatives like litigation or arbitration. This is a substantial benefit considering the fact that the process is usually something that both parties opt for and the results are also derived as a result of collaboration and discussion.
- Relatively high compliance rates: It is no surprise that when a decision is not imposed and is reached through mutually inclusive dialogue, the parties have higher chances of abiding by the decision for longer periods of time.
- Mending relationships: One of the most noteworthy advantages that we’ve witnessed from the countless cases of mediation that we’ve supervised is that people resolve much more than a case. As a result of working together to resolve their case, parties are better able to communicate with each other and often leave much less hostile than when they arrived.
- Control over the process and outcome: In litigation, the Judge is the decision making authority and his / her word is binding upon all parties. However, mediators act as facilitators of the situation and this gives the involved parties greater control over everything. Discussions are held in a way where individuals or involved groups can speak freely. With experienced mediators, like our very own Cheryl Spilka, new thoughts can be introduced into the dialogue to influence analyzing angles of the situation that were previously ignored.
Conclusion
Rozin | Golinder Law prides itself in not being a ‘one-size-fits-all’ firm that offers only litigation services for resolution of all matters. We believe that every case is different and therefore, needs to be treated differently. Our mediation services have helped people resolve major issues without the hassle of going through lengthy and unpredictable court proceedings. If you’re looking for mediation in your case, contact us today at (732) 377-3367 and schedule a free consultation.