Advantages of Mediation
SAFE AND OPEN COMMUNICATION TO HELP YOU SORT THROUGH YOUR OPTIONS
Mediation enables clear communication about relevant issues. Through mediation, people work through their concerns to develop solutions custom-fit to meet their needs. Benefits of mediation include:
- Clear and competent communication: Avoid misunderstandings with the help of an objective third party.
- Control over outcome: Make decisions for yourself rather than submitting to the decision of a judge.
- Cooperative atmosphere: Work together to develop the right solutions for you, your family, or your business.
- Facilitated discussion: Objective mediator guides the conversation to the points at issue.
- Quicker resolution: Schedule mediation on your own timeline, not the court’s timeline.
- Privacy: Mediation is a private matter. There are no public records.
Usually, mediation is a more cost-effective alternative to courtroom litigation. You can still hire your own attorneys to represent you in mediation, but you eliminate the cost of formal discovery and other aspects of hearing or trial preparation.
WHAT MAKES MEDIATION DIFFERENT FROM COLLABORATIVE PRACTICE?
The dynamic in mediation is quite different from Collaborative Practice. In mediation one person – the mediator – works with the parties through a dispute to facilitate discussion between them and their attorneys, if they are present. Often, in family matters, the parties choose not to have their attorney present during negotiation sessions. In Collaborative Practice, the attorneys work together to facilitate the discussion, and they are present in every session.
WHAT TYPES OF FAMILY LAW MATTERS CAN BE MEDIATED?
Mediation affords you and your family, not a judge, the opportunity to control the outcome of your legal matter. Almost any family matter that you can take to court can be mediated. Some examples of family law matters that can be mediated include:
- Marital issues, including prenups, divorce, separation, property division, and maintenance/alimony
- Cohabitation issues, including cohabitation agreements, accumulated property, and ending cohabitation
- Children’s matters, including contested custody, child support, visitation, adoption, guardianships, parental rights, and college planning
- Elder law, and issues related to aging, disability, competency, medical care, living arrangements, and power of attorney assignments
WHAT TYPES OF WILL, ESTATE, OR TRUST MATTERS CAN BE MEDIATED?
Contentious family conflicts often arise from disputes over rights of inheritance. Because mediation allows each party to voice their concerns, mediation can be highly useful and productive in resolving estate planning and estate administration disputes. Mediation may be useful for many types of contests that arise regarding the legitimacy of a will, estate, or trust instrument:
- Beneficiary rights, and matters relating to the absence of a legal will, spousal contests, will contests, trust contests, or estate contests
- Probate and rights of inheritance disputes related to accounting contests, fraudulent asset transfers, and fiduciary misconduct
- Business and succession planning contests, partnership disputes, taxable assets, and related matters
WHAT TYPES OF BUSINESS DISPUTES CAN BE MEDIATED?
Mediation offers businesses the benefit of achieving practical solutions to disputes with shareholders, customers, suppliers, vendors, and manufacturers. A wide range of business disputes may be mediated, including:
- Shareholder disputes involving minority stockholders and partners, professional liability, conflict of interest and related matters
- Professional negligence claims involving medical professionals, accountants, architects, engineers, lawyers, and other state-licensed professionals
- Personal injury claims relating to cost of medical bills, pain and suffering, loss of earning capacity, and loss of future earnings
- Real estate issues involving landlord-tenant relationships, buyer-seller relationships, financing issues, boundary issues, and property defects
- Business or partnership dissolution topics including consulting arrangements, valuation issues, financing concerns, and issues related to business succession
If you are interested in working to settle your own case without resorting to court or a judge, contact the Miller Law Group to learn more about our mediation services.