Mediation As A Way To Settle A Lawsuit


Many things are considered when you file a lawsuit. Unlike what the movies tell you, the process is not about just going to a law office, hiring a lawyer, and then going to court. The actual process is long and winded, not to mention a bit expensive. All the effort, and not to mention the cash you have invested in getting the trial to move to court may all be in vain especially when the judge does not rule in your favor. To avoid this, and all the hassle, you should really consider settling a lawsuit instead of going to court. As one of the most painless ways to settle a legal issue or problem, good lawyers and even state laws recommend this as the first course of action.

There are a lot of ways to settle a lawsuit without going to court. While you might be tempted by the drama and action a lawsuit may entail, you also have to remember that trials can take really long and can be expensive. With this, try to work things out with your adversary. You could try meeting him or her for negotiations and settling the problem between the two of you and a couple of witnesses. However, this may be a bit difficult, especially since you can get emotional about an issue. If such is the situation, then you could have mediation where a third party helps you come to an agreement. The third party should not be a friend of either of you.




What the mediator does is to listen to both parties and advice both of you about your options and the best course of action. This person could help both parties reach a conclusion that is fair to both. If and when you get to an agreement or a solution, you, your adversary, and the mediator need to make it official. You could create a legally binding document that states your stipulations and terms you have agreed upon. The document should also clearly state the decision that has been made by everyone involved and should be signed by the mediator. Note that you should state that you have come to a decision as well as agreed on actions and intentions for behavior in the future that is involved with the issue.

A mediator costs less than a lawyer. While fees vary from one office to another, the range usually is from nothing to a couple of hundreds of dollar per hour. There are also a lot of different kinds of mediators with different kinds of backgrounds so you have to really choose one that fits your case best.

Having a legal dispute does not necessarily mean that you and your adversary should go to court and have a judge decide things for you. In fact, this should be your last option. With your time, effort, and cash on the line, there are a lot of other ways to settle an argument or a problem without having to be drained of everything you have.