Mediation
Birmingham Mediation Attorneys
When people think of a legal matter that is handled by attorneys, they tend to envision a courtroom with a judge presiding over the case. In reality, often times mediation is the best way to go in order to settle disputes and end cases quickly and fairly. That doesn’t mean that the courtroom has no place in these cases, but it does mean that mediation often plays a much bigger part. If you are struggling with a legal issue in Alabama and are wondering what mediation is and how it might help or hinder your case, we can help you.
The attorneys at Gordon, Dana & Gilmore, LLC, are well-experienced when it comes to mediation. We understand exactly how best to approach a mediation session – and, conversely, how not to approach a session. That might seem like pure logic, but you’d be surprised by how many attorneys misunderstand the point of mediation and fail to provide their clients with the best representation and service possible. We are proud to offer comprehensive legal services that includes representation in mediation sessions to ensure that your best interests are upheld right alongside your rights.
What is mediation?
To put it simply, mediation is a way for individuals looking for a solution agreeable to all parties to communicate. It is a discussion, in other words, not a court trial. It often takes place in a small room with the parties involved, their attorneys, and a mediator. The mediator works to help keep channels of communication open as the conversation continues and attempts to keep hostility and aggression out of the picture. Legal conflicts are often fraught with contention, and mediators serve a vital role in working to keep discussion open, honest, and neutral in tone.
A mediator also works to take each party’s information and stance into account before suggesting potential compromises and solutions that could help benefit everyone involved. It should be noted that although they play an important part in these negotiations, mediators do not have the power to order that one compromise or settle. They give suggestions and try to keep discussion productive, but they do not have the authority of a judge or jury.
Litigation vs. Mediation
Both mediation and litigation have their advantages and disadvantages. The best approach for you is often determinate upon the situation and legal conflict in question. Mediation is generally less stressful and less formal than court trials, which makes them ideal for individuals who simply want to get through their conflicts, try to resolve them quickly, and move on with their lives. Mediation is also usually less expensive than court cases, making them within the grasp of individuals who might otherwise not be able to afford legal representation.
Court trials (litigation) end with the judge or the jury handing down their decision regarding how the parties should behave. They craft the solution to the problem and the parties involved must either accept it or appeal. That is not the case in mediation, where the parties themselves come up with mutually agreeable terms that resolve the conflict and allow all parties to move on. This makes mediation an especially useful choice in circumstances where the parties in question are willing and able to communicate well with each other and have similar goals in mind.
Note that sometimes, mediation is required before litigation can take place. There are a variety of circumstances under which this is the case.
Attorneys and Mediation
You need an attorney to help guide you through the mediation process? If so, don’t hesitate to reach out and retain the best services possible. Too many people believe that mediation isn’t “a big deal” and that they can just take care of it on their own. It is vital to remember that while the mediator doesn’t order one solution or another to be followed, the decisions that you come up with in mediation do become legally binding should all parties agree on them. Before you enter into any legally binding agreements, make sure that you have someone on your side who will uphold your best interests!
Premier Mediation Lawyers
Gordon, Dana & Gilmore, LLC is the preferred law firm for the handling of sensitive business, personal and litigation matters that require “troubleshooting expertise” as well as a professional and pragmatic approach at a higher level.