This Blog is about mediation. Mediation is a concept developed by the courts in the last few years to attempt to get cases resolved without the necessity of going to formal trial. Avoiding trial is far less costly and time consuming than a mediation procedure. In most cases mediation procedures are successful. Both sides to litigation will agree on a mediator. The purpose of the mediator and the mediation is to allow both sides to present their case to each other and the mediator and then enter into discussions as to potential settlement of the case. Mediation allows the parties to, on a less formal basis than trial, set forth all the aspects of their case including testimony, exhibits, etc. and with the help of the experienced mediator, attempt to get resolution.
Most cases go to mediation and the ones that don’t settle will eventually go to trial.
In picking a mediator, you can pick from a large number of names some approved by the court and some not. Since our firm has been around a long time (since 1955) we know most of the mediators in the area, and have our preferences. We find, however, in picking a mediator, it is often best to ask the opposition who they would like and who they feel they can rely upon. Then if this particular mediator meets with our approval, we will go with the one chosen by the opposition, because we know that when push comes to shove in the final analysis, the opposition will bend more toward the opinion of a mediator that they have chosen.