What is Mediation?

Because the success of mediation depends on compromise and collaboration, mediation can deter the negative effects of protracted litigation. 

Mediation is a form of alternative dispute resolution. Mediation is a short-term, structured negotiation facilitated by a neutral third party, the mediator. The role of the mediation is to assist the parties in finding common ground, to offer creative solutions to the issues being discussed, and assist in drafting a final settlement. While resolution through the court system is a constitutional guarantee, mediation offers a range of advantages for parties desiring agreed disposition, including:

• Privacy: Unless otherwise agreed by the parties, mediation sessions are confidential; court cases are matters of public record.
• Informality: Mediation is informal and casual with only the interested parties and lawyers.
• Resolution: Mediation is more likely to result in resolution without protracted additional expense.
• Faster Resolution: Mediation can resolve legal disputes without prolonging conflict and its emotional toll.

The mediation process is informal, a litigation is formal. Mediation provides more participation and discussion by the parties involved. There are fewer procedures and requirements. It also provides more flexibility and less intimidation. 

Mediating parties also have more process control than they would in a courtroom. Litigants do not choose their judge while the decision of the judge or the jury is final. In a mediation, both sides agree on the mediator to hear their case, and each side can present the issues that are most important to them. In mediation, the parties can also choose whether to accept or reject the suggestions or recommendations made by the mediator before coming to a final agreement. And if no agreement can be reached, the parties can still opt for either arbitration or litigation. 

Judge Jim Parsons has been resolving legal conflicts for over 50 years. As a lawyer and a judge, he has tried to verdict over 100 jury trials as a lawyer and as a judge over 200 jury trials. Judge Parsons has seen thousands of motions and arguments in litigation. His excellence both in the courtroom and as a lawyer has been recognized by his peers. Put Judge Parsons’ experience to work for you today.