Mediation and Alternative Dispute Resolution
Sometimes, conflict cannot be avoided. Whether it's a boundary line dispute with a neighbor or a complex commercial deal gone bad, no one avoids conflict all the time. At Meyer & Bardill we know that the financial and emotional toll involved in litigation can destory important relationships that our clients want to preserve. Litigation is unpredictable. No one can predict what a jury will do at trial. The risks inherent in the justice system cannot be completely avoided. Court dockets are backed up. It can take more than a year to get a court date and many years if the case is appealed.
Mediation is a way of resolving differences while avoiding many of the costs and risks of litigation and preserving important personal and business relationships. It is a cost-effective way of protecting your rights and interests that lets the parties move on with their lives and businesses. As a civil mediator registered with the Supreme Court of Georgia, C. Lawrence Meyer can help parties come to a mutually beneficial arrangement, a win-win agreement, that avoids scorched-earth litigation.
In mediation, the parties meet with a third-party neutral called the mediator. The mediator does not impose a decision on the parties but rather assists the parties in coming to a mutually satisfactory agreement to resolve their dispute. Generally, people are more satisfied with the results of mediation than when a judge or jury imposes an all-or-nothing decision on them. In a mediation, the parties' fates are in their own hands rather than in the hands of a group of strangers in court.
If you have a dispute or are in a lawsuit, contact us to find out how we can help you avoid the dangers of litigation.
Benefits of Mediation
Find out how the many ways that mediation can benefit you.
Economical and Timely Resolution
Mediation is generally much less expensive and less time consuming than litigation or other forms of dispute resolution. The mediation can be scheduled at the parties' convenience and does not drag on for years. Mediation lets the parties get on with life.
Mutually Satisfactory Outcomes
When given the choice between working out an agreement with someone or allowing a group of strangers to decide, most people are generally more satisfied with cooperation. In a mediation, disputes can be resolved in ways that benefit both parties, satisfying their real interests without sacrificing their needs. Such win-win resolutions are more satisfying to all parties than simple compromise decisions.
Customized and Comprehensive Solutions
Courts can be limited in what they can order as compensation or resolution of a dispute. they are only authorized to resolve those disputes that are currently before them with the tools that the law provides. Mediated settlements can incorporate issues that may arise in the future as well as those involved in the current dispute. The parties can tailor their agreement to meet their particular needs right down to the minute details, including the means of performance, ensuring compliance, and objective standards of verification.
Less Likelihood of Default
Parties who are able to resolve disputes with their own solutions are more likely to adhere to the agreement. For example, even if the plaintiff in a lawsuit gets a money judgment against the defendant, she must still collect on the judgment from someone who will avoid that collection with every tool at his disposal. In mediation, the agreement can be crafted to make payment more palatable than default. It can also provide safeguards against future default.
Preservation of Relationships
One the most important benefit of mediation is the preservation of ongoing relationships. Many times, the relationship between parties will continue for years after the dispute is resolved. Often there will be relationships with third-parties at stake (such as children in a marriage or other business partners). Litigation can poison and destroy those relationships. A mediated settlement that addresses all of the parties' interests can preserve those relationships or make the termination of a relationship less toxic.