Mediation is quicker and cheaper than dependence on the traditional negotiation process. When should a claimant give serious consideration to the prospect of relying on mediation, instead of a negotiated settlement?
Mediation becomes useful when there has been a stalemate in the negotiations.
A stalemate can keep the process from moving forward. Two parties that have struggled with a block in the negotiations agree to meet with a neutral mediator. Mediators pride themselves in their ability to encourage the creation of an agreement. Mediators work towards development of a satisfactory solution.
Each party pays ½ of the price that is charged by the hired mediator. Neither party must follow any special legal procedure. No one records any of the statements that have been made during the mediation process.
Structure followed by the mediator and the disputing parties
Each party has an opportunity to speak with the mediator in the presence of the opposing party. That is the first of the mediation’s 3 parts.Next, each party meets with and speaks with the other party. Finally, each party has its own, private meeting with the mediator, as per personal injury lawyer in St. Charles.
The mediator strives to have each party acknowledge some aspect of the other side’s argument. In that way, mediators focus on working to achieve an agreement between the 2 disputing parties.
If 2 disputing parties have decided to meet at a mediation session, how can they go after a mediator?
If the 2 parties do agree on their desire for a low-cost mediation, then they might want to contact a retired judge, one that has become familiar with the mediation process. Alternatively, they might check to see if a local law school has been training some of its students to be mediators.
How does mediation differ from negotiations?
When 2 parties are negotiating the figure for a potential settlement, each of them strives to present an argument that outshines the opponent’s argument. That contentious approach contrasts sharply with the approach used during a mediated resolution.
At the start of negotiations, it is known that one party must offer some sort of compensation to the victim of the dispute-causing accident. That is not the desired achievement for those that are taking part in the mediation process. Instead, each side wants to welcome a fair resolution, before heading home.
The mediator’s job concerns striving towards that sort of ending. Hence, mediators never encourage performance of a risky action. Instead, each of them hopes to take part in creation of a compromise. Ultimately, each party comes to see a compromise as something that is preferred over acquisition of a huge compensation. The mediator’s statements and actions should reflect the goal for which both parties have been striving.