Mediation is a form of alternative dispute resolution which can be used as an informal process to help people resolve conflicts. It differs from the more formal processes such as arbitration and litigation in that the third party facilitates the discussion between the two parties rather than issue a decision. Both parties come to an agreement on terms, and the mediator doesn’t decide which terms are better than others or who wins or loses. Read to learn the advantages and disadvantages of Bay Area mediation.
Advantages and Disadvantages to Mediation
There are many advantages to mediation. For example, the process is confidential, unlike litigation which is public. It also costs less than litigation. Both parties have more control over the mediation process than they would with litigation. This means that you have an opportunity to come to terms on your own, rather than having a third party decide for you what terms are better or worse. Mediation will also be less confrontational for many people as it is not as formal as litigation. The disadvantages of mediation are that it won’t be binding, meaning that one party may renege on the agreement at any time if they so choose to do so without legal ramifications.
Who Can Use Mediation?
Mediation is not limited to any particular type of case, and can be used in many different types of legal disputes. It is often used as an alternative to litigation, as it provides a less expensive and more flexible process for resolving disputes.
When Should a Party Consider Mediation?
There are many different reasons why a party should consider mediation. For example, if the parties have a long history of disagreements and litigation, mediation may be a good way to reach an agreement without spending a lot of money on legal fees. Another reason is that the mediation process can be confidential. Participants will not have their disputes broadcasted publicly, which can be beneficial for those who want to keep their disputes private.
An important consideration when deciding to mediate is the type of issue being disputed. If it is something that would take a long time and a lot of money to resolve through traditional means, then going to mediation may be worth exploring. This could include issues such as custody or property division in divorce proceedings. This also might include resolving business contracts between two companies with lots of assets at stake.
Conclusion
Mediation is a dispute resolution process that is designed to help parties resolve their disputes in an amicable manner. It is often less formal than litigation, speeding up the process, and can be less costly. There are many advantages to mediation, but it is not always the best option for everyone. If you are looking for a way to resolve your dispute quickly and affordably, mediation might be the right option for you.
Whipple Mercado Bay Area Mediation Can Help
Divorces can get messy, but they don’t have to be. Whipple Mercado Law is here to mediate on your and your partner’s behalf and help you both reach an amicable conclusion. You can talk to a San Ramon mediator right now by calling (925) 344-5050. You can also book a no-cost consultation with Whipple, Mercado & Associates by clicking this link.