Considering Mediation for Your Trial? Look No Further
If two former spouses are getting a divorce, sometimes, the case is decided amicably. However, divorce often results in a stalemate. If you and your attorneys have met more than once with your former spouse and their attorneys, and you can’t reach a mutual decision, you may decide to turn to a process called divorce mediation. According to Divorce Net, mediation is often necessary to determine issues such as property, finances, or custody.
When preparing for mediation sessions, your attorney will instruct you on which types of documentation to bring with you. For example, mediation strategies typically ask you to reveal which current financial assets are in your name and which financial assets are in both names. If your children are currently attending private school, you’ll need financial records from the schools. For clients whose divorces are a result of spousal abuse or drug usage, police or hospital records may be required.
Benefits of mediation typically include cost savings for both spouses. Without a mediator, divorce arguments might take months of negotiation, which will cost both spouses a lot of money. With a mediator, a mediation settlement may be reached that offers a compromise to which both spouses can agree.
If you are somebody who is in the midst of a legal battle, you might be concerned about what you will face if you go to trial. Perhaps you are worried about how your personal injury litigation, real estate disputes, or family court matter will hold up in court, especially when certain evidence might be used against you or you instantly become stressed when you are in front of a judge. Because of this, it is important to consider another option you might have, the help of an experienced mediator.
There Are Methods Aside from Litigation
Many people think that litigation is the only option that they have, which is not the case. You have alternative dispute methods available to you such as mediation and arbitration, which are different from one another. Many people like the relaxed method of having an experienced mediator on their side who will sit down with them and the other party to come to a legal conclusion that works for them. This can come in handy for major disputes that you do not want to go to trials such as bankruptcy court where you are embarrassed for your trial to go public, or employment law where you have to mediate amongst an employer and do not want the backlash.
Today, many cases fail to go to trial because we have mediation to consider. In 1962, statistics pointed at the fact that over 11% of federal civil cases went to trial but, today, the estimated trials that reach court is 1%. Various judges are in charge of handling cases every year, such as one judge who has been serving on the US District Court since 2000. Though we like to think that judges have our best interests in mind, one-on-one face-to-face conversation with the other party can often open up a conversation that can help both of you positively work toward the compensation you deserve from an employer, a party who caused your car accident, and many other defendants.
Nowadays, many cases automatically get considered for alternative dispute methods such as mediation and arbitration. In fact, class actions are almost always sent to arbitration from the start unless this is modified by the parties. An experienced mediator or arbitrator can give you a better and more positive view of your case so that you can gain a clear mind as you come into your case. It is important to explore all methods before you make a decision.
