Frequently Asked Questions About Mediation
You have probably heard of mediation when cases do not go to trial. Mediation saves the involved parties the expense of court costs, litigation costs, etc. Furthermore, cases that go through mediation are resolved more quickly compared to cases that go through court trials. Here is a breakdown of what mediation is, where it is applicable, and how Licari, Walsh & Sklaver, LLC can help with it.
Mediation vs. Arbitration
Mediation is a way of resolving matters between two or more people without resorting to litigation. During mediation, a neutral third party, also known as a mediator, helps guide the persons involved in a dispute towards reaching an amicable solution. In most cases, mediation is voluntary—the parties involved in the case agree to resolve it. In other cases, the court orders the parties in a dispute to attend mediation.
Mediation is different from arbitration in the sense that the agreement reached is non-binding. This means parties are allowed to change their minds and opt for a trial. Furthermore, a mediator does not predict outcomes or offer opinions.
On the other hand, arbitration involves one arbitrator, or a panel of between 3 and 12 arbitrators who listen to the case like judges. The arbitrators gather information and evidence, question parties, and even advise parties on their decisions. The decisions reached during arbitration can be either binding or non-binding.
Common Examples of Mediation
Mediation is mostly applicable to non-criminal cases. However, there are non-violent criminal cases—like verbal harassment—that may be resolved through mediation. The most common examples of mediation involve conflicts such as: divorce, child custody issues, or disputes involving family members, business partners, neighbors, labor unions, and land lord/tenant issues.
How Can Lawyers Help with Mediation?
The first way that a Connecticut arbitration attorney can help with mediation, is by suggesting workable solutions. The creativity of a lawyer is among the factors that will determine whether or not the mediation will succeed.
Apart from helping with the paperwork of any arrangement, a lawyer can help by demanding faster results. For example, they may demand a money settlement to be paid immediately or any arrangement to be done quickly after it has been agreed upon.
Lastly, a Mediation lawyer in Connecticut, such as Licari, Walsh & Sklaver, LLC, help by locating an appropriate mediator to act as the neutral party. This is one of the other factors that determine the success of the mediation process.