Why?
The advantage of mediation is that it offers the parties full control of the outcome of the process. Mediation /Alternative dispute resolution is a way both parties can work towards a resolution together without having to pay steep legal fees to take a case to trial. The mediator is usually neutral with no personal relationship with either of the parties. He or she listens to both sides to the story and tries to come up with some kind of arrangement that will be accepted by both parties who are in a dispute.
Many of the mediations begin with the parties being in the same room, but a mediator can act as a go between the two parties and meet with them separately to avoid exchange of words or direct confrontation by the parties. The mediator is in no position to reveal any information of one party to the other party. Both parties may be required to reveal very private information for the mediator to understand the individual’s point of view in the matter. Mediation can be used at any stage of a dispute if the parties wish to explore the possibility of settlement. Successful mediation can achieve conflict resolution quickly, inexpensively, and without getting other authorities involved. But not all disputes, even those that involve trained and qualified non-legal neutral mediator, end in successful resolution.
What happens if no agreement is reached?
Mediation, although required in family law cases, the parties are not required to reach an agreement. A settlement cannot be imposed on the parties. If the parties are able to reach an agreement at mediation, this agreement will be filed with the Court and a Judge may order the parties to follow such agreement This is the only process in family law in which the parties will have some control in what occurs in their case. If no agreement is reached, the Court will make the final determination. Once involved in mediation, parties may fail to come to an agreement, or find a solution that is beneficial to both parties. Mediation is a good way of resolving disputes because in the long run it is cost effective, and both parties have their say in full. It the process takes less time than going to trial, organized and very effective. Since both parties have to come up with the solution to the problem, both parties are considered to be winners. If any problems arise, a qualified attorney with experience in mediation can help facilitate the process and help you reach a fair agreement.
Legal Advice on Mediation / Dispute Resolution from a Fort Myers Law Firm
At the Law Office of Karla Y. Campos-Andersen ESQ. P.A., we provide high quality legal advice in all matters related to Mediation and Dispute Resolution. If you or a loved one is facing a Mediation or Dispute Resolution problem:
