Articles Posted in Mediation

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Yes. Most cases can be mediated at any time, whether before or after a complaint is filed.  Mediation is an excellent way to save time, money and mend relationships.  Mediation is a method of Alternative Dispute Resolution (“ADR”), which is an alternative to resolving disputes through the courts.  Other methods of ADR are arbitration and collaborative divorce mediation.

Mediation can be utilized in almost all legal disputes; such as, divorce (even post-judgment issues like college, braces, camps, etc.), contract disputes, auto accidents, slip and fall accidents, neighbor disputes, business conflicts and any other scenario when there are two opposing parties.

The mediator acts as a neutral third party who is trained to facilitate the communication between all the parties and assist them in settling the dispute.  The mediator is usually an attorney (although some mediators are not) or a retired Judge.  Some mediators are appointed by the court to conduct mandatory mediations and others do only private mediations, or both.

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Contract disputes arise under various conditions.  For example, there could be a dispute between people who have agreed for one party to perform maintenance or refurbishment on a property, employment agreements, contracts for a service performed such as team/lessons and other sports-related endeavors, partnerships, consumer fraud allegations, and many more factual scenarios.

Often times, these types of disputes create a lot of animosity and hostility between the parties who, most likely at one time, had high expectations of a positive and productive relationship.

These emotions can fuel unnecessary and lengthy litigation that may destroy any potential for reparation of the relationship in the future. In these instances, mediation can accomplish many things.  First, it can resolve the dispute without long and expensive litigation.  Second, it can stave off what could be a “war” between the parties in court that ensures that they will never be able to repair the damage.  Third, relationships that were once good, and then went south, can be brought back around to one that is positive, as a result of hashing out differences and coming to a mutual solution together.

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