Not all civil or domestic disputes need to end up in court. Although courts and juries can decide your dispute for you, you may be better served by engaging in the mediation process. Doing so may save you money, time, and a great deal of stress. The mediation process may also result in your dispute remaining private and confidential. Mediation will also preserve the confidentiality of your medical records in cases involving personal injuries.
Court vs. Mediation
When people go to court, they often walk out believing they have “lost.” This is because the decision they receive is often not what they have asked the court to do. Parties often feel like they had little input, and that they have not been heard. The court process can be confusing and frustrating. However, in mediation, you and the other person directly participate with a neutral third party in the settlement process in a time-efficient manner in an effort to resolve your conflict. Through mediation, you can save money and avoid a great deal of emotional distress often present in court litigation.
Many judges are now requiring mediation prior to trial. The lawyers choose and agree upon a mediator. With more than 23-years’ judicial experience and having practiced law from all sides of the bench, Steven R. Jaeger of The Jaeger Firm, PLLC, is a prime choice for mediating your dispute.
How Can The Jaeger Firm, PLLC, Help?
When a mediator from The Jaeger Firm, PLLC, is retained, a letter is sent to the participants or their lawyers requesting a pre-mediation statement. These are completed and returned prior to the first session. Through this statement, the issues, needs, and wants of each party are identified. This enables your mediator to become familiar with your dispute and prepare for discussions. This initial step saves time and money on the day of the meeting. At the session, we begin jointly with the concerned parties and their lawyers in the same room and both sides are given the opportunity to make an “opening statement.”
After the issues and positions are made clear, the parties separate. Your mediator, skilled in conflict resolution, then has confidential and private discussions with all parties to work towards a resolution that is mutually agreeable to the parties. The length of these sessions depends on the type of case and can last a few hours in one session or can go over several sessions to come to an ultimate settlement of all the issues.
It is important to remember that the mediator does not make a judgment on who is right, who is wrong or who is entitled to what, but rather works toward a set of mutually agreeable terms for both clients’ unique interests and situations. This is especially helpful if both parties will continue contact as in the case of divorce with children, a business dispute, or a conflict between neighbors.
Mediation is a viable choice if the case can be settled and both parties are willing and interested in settling. The process is non-binding until parties agree on a resolution, and if a resolution cannot be found, the claimant retains the right to pursue the case in court.
If you have been told to seek mediation prior to trial or feel you would be better served by a mediator rather than judge and jury, have your lawyer contact The Jaeger Firm, PLLC. If you do not have an attorney, or if your dispute is pre-litigation, you may contact us directly. Our extensive experience and success rate make us a leading mediator. We see you as an individual and understand that every case is delicate and different. Our process prepares us to begin the mediation right away. We remain positive, patient, persistent and committed in our role throughout the session(s). We continually encourage all parties to do the same as we work towards an agreed upon settlement through our discussions, questions and analysis. Our ability to remain productive even in the most difficult of circumstances sets us apart. We, at The Jaeger Firm, PLLC, are successful mediators because of our intuition, insight and understanding that comes from years of experience in resolving difficult disputes.