Talking about mediation!

A mediation is a focused and dedicated process of negotiation, with a professional neutral person helping the parties to find a resolution to their lawsuit or dispute, if possible. The process is usually voluntary, meaning all sides have agreed to participate, except in some circumstances when a judge orders the parties to participate. Mediation can be helpful and effective for resolving lawsuits or disputes to our satisfaction without need for costly and uncertain litigation.

Mediation is a Voluntary Opportunity to Resolve a Lawsuit or Dispute

Mediation is a collaborative and confidential way to resolve disputes outside of court. It is totally voluntary, meaning that neither side is required to accept any settlement or resolution terms unless they agree. The process offers a somewhat private and safe space to talk through concerns openly, without the pressure of confrontation, and without the need to preserve certain points for trial. If all parties agree to a resolution or settlement, it can mean that the case or dispute is over. If all parties do not agree, there is no affect, negative or positive, on the ongoing litigation or dispute.

Mediation and Negotiation Confidentiality

Everything that is discussed in a mediation or in the course of a negotiation is completely confidential and cannot be shared with anyone for any purpose--meaning it also cannot be used to anyone's advantage or disadvantage in a lawsuit going forward.

The Logistics of Mediation

In today's world, most mediations are conducted remotely via videoconference. Virtually no mediations these days require the parties to confront or argue with one another, and in most cases, we do not even see the other parties. Instead, the parties' conversations and interactions throughout the mediation are with the mediator. Most mediations begin with an introduction by the mediator, whether individually to the parties, or to the full group of parties. Following the introduction, the mediator will split the parties into separate "rooms" in which they will have privacy to discuss their case without the other parties hearing, and -- when the mediator is not in the room -- without the mediator hearing. The mediator will normally spend some amount of time reviewing the facts of the case with each side, usually starting from a baseline brief (legal report) that has been submitted in writing prior to the mediation. The mediator may have questions or thoughts about the facts of the case or the legal claims and defenses, which may be shared as a way of encouraging thought about potential future outcomes if the case goes to trial. However, the mediator cannot make any decisions about the case or otherwise impact the case if it goes forward. At some point the mediation, the mediator will most likely begin to exchange offers and counter-offers of resolution from the parties, whether monetary or otherwise.

After Mediation with Agreement

If an agreement is reached at mediation, it means the lawsuit or dispute is almost over. In some cases, the parties or attorneys may draft and agree to a written settlement agreement the same day of the mediation. In most cases, however, the process of drafting a written settlement agreement to reflect the terms that were reached at mediation will take a number of days. When the agreement is written, all parties still have to review the final draft, agree, and sign before it is made effective. If payment is part of the settlement, the time for the payment to be made is normally a certain number of days from the date of everyone's signature. Once payment is made or the settlement is otherwise complete, the lawsuit or dismiss will be over.

After Mediation with no Agreement

If an agreement is not reached at mediation, the lawsuit or dispute continues moving forward unaffected. If a lawsuit is already in place, the next steps in preparing that lawsuit for trial will continue. If a lawsuit has not been filed, the filing might be the next step. From the time of mediation all the way up to trial, there is always the ability to continue negotiating between the parties, or even to participate in another mediation. That opportunity is never "over" or lost, but mediation should be seen as a good opportunity to shorten the process, if possible.

Still Have Questions?

The attorneys at Beaman Jacinto Law P.C. are highly experienced in the mediation and negotiation of employment, civil rights, and assault claims. Please feel free to contact us with questions! Call or text: 760-698-9626.