Mediation is a method of resolving disputes without a trial. Mediation is not like a trial or arbitration. In those settings some other person or a group of people decide the outcome of the dispute. With mediation, the resolution of the dispute is in the hands of the people involved. Mediation is a form of settlement negotiation with the mediator guiding that process.
Mediation provides the parties an opportunity to resolve their disputes in way that is mutually acceptable. The mediator does not impose a result on the parties, but instead, assists the parties as they work toward a result that is the product of negotiation and compromise.
There are many benefits of mediation.
Mediation is less expensive and less stressful than going to court. Unlike court, the parties have some degree of control over the resolution of their dispute. Because the rules of evidence and procedure are not as strictly applied as they would be in court, the parties and their attorneys can be more creative in developing solutions to their problems. This often means trying to figure out what the parties need versus what they want.
Mediation has been mandatory statewide for all civil Superior Court cases since 1995. Family Financial Mediations in family law cases became mandatory in 2007. We have extensive training and experience as mediators. David Irvine is certified by the Dispute Resolution Commission as both a Superior Court Mediator and a Family Financial Mediator. Cases needing mediation are usually referred to the mediator by the parties’ lawyers or the judge, but we are also available to mediate cases for people not represented by lawyers.
If you have a lawsuit or a dispute that you think could benefit from mediation, please contact us.