Mediation is a legal term for when two parties try to settle a disagreement without going through the process of a full trial. Instead of going before a judge or jury, the defendant and the plaintiff agree to meet with a neutral third party ― referred to as the mediator. The mediator’s goal is to help guide the two parties to an agreement that works for both sides so that they can settle the dispute out of court. It can take more than one meeting to work out a mediation agreement, so don’t worry if you don’t walk out with what you want on the first try. Your attorney will give you their opinion on how the negotiations went and whether you need to adjust your strategy moving forward.
Whether you want to try mediation or are planning on going ahead with a trial, it is important to have an attorney on your side. Our law firm has experience with mediation and litigation strategies and can advise you on which one may be the right choice for your case.
What Is Litigation?
The term litigation is commonly used to refer to any legal dispute that ends up in court. This could be a matter that’s heard before a judge only, but it’s common for litigation to involve a full jury trial. Litigation lawyers focus on gathering and reviewing evidence from both sides, handling depositions of witnesses, and representing their clients in the actual trial itself.
What Are the Benefits of Mediation?
Mediation can be an excellent option for settling disputes. Because the case doesn’t go before the judge in a full trial process, it is often much faster and more efficient — which also means it is more budget-friendly. Because the mediation process is focused on achieving a middle ground compromise, the chances of getting at least a partially favorable outcome may be higher than going to trial and risking a total loss.
How Do You Know When It’s Time to Pursue a Trial?
While mediation is a great option to consider in a variety of legal situations, it’s not appropriate for every case. There are also times when mediation attempts don’t come to fruition, and the case cannot be resolved out of court. In these situations, your litigation attorney can provide counsel on whether further mediation discussions may be an option or whether it’s time to end mediation attempts and move forward with a full trial.
A qualified lawyer can help you through either process by being honest about what a reasonable out-of-court settlement may be and letting you know when mediation isn’t working and your interests would be better served by a trial. Contact our law firm at 323-230-6200 to get more information about whether mediation is an option for your case.
