Out of Court Settlements
The Mediation Process allows the clients to have conversations to address their conflict and reach agreements. These agreements can then be reviewed by a lawyer and be submitted for approval by a Judge.
Addressing conflict through the courts can be time consuming. Court proceedings can take many months. Mediation can be addressed in a more timely manner.
Discussions can occur with the clients and Mediator. The clients can gather and discuss required documents related to their dispute. The details of the dispute, can be worked out in Mediation. The clients will work with the guidance of the Mediator to determine the outcomes that work best for their situation. The Mediator will then produce those agreed to items in an Agreement that the clients can take for independent legal review.
These discussions to sort out the underlying concerns, and reach agreements in Mediation are less costly than through lawyers and the court process. Mediators are a fraction of the hourly cost of a lawyer.
Mediation empowers clients to make their own decisions. The clients through the Mediation Process, identify their needs and values, and gain a mutual understanding of each other. Through this understanding the clients can decide what they need in any agreements to address their needs going forward. The clients reach their own decisions. The Mediator is not biased or judgemental, and will not influence or make decisions.
Court processes involve decisions of Judges. Judges will determine the outcome based on their assessment of the case. A judge’s decision may not be considered by the clients as the best outcome. Mediation leaves the decisions in the hands of the clients. Clients make their own decisions in Mediation based on what they think is best for their situation.
Court proceedings/hearings may be public. Court decisions may be public information. Mediation is a process that is confidential. The discussions that take place in Mediation cannot be shared outside the Mediation meetings. There are rare exceptions, to the principle of confidentiality i.e., abuse and situation of potential harm to individuals. The confidential nature of mediation allows the clients to fully share and explore their views, needs and values. This results in better assessments of what the clients each need going forward to create better futures.
For Further Information about Mediation contact us.
