When we think of legal proceedings, most of us picture standing trial before a judge and jury. More than 90% of lawsuits in the U.S., however, are resolved outside of court.
Some people choose to settle a case before trial, but in civil and family cases, mediation is also an option. Mediation is a confidential, non-binding tool in which a mediator helps two parties overcome their differences.
Is mediation right for you, or would you be better off going to trial? Consider these tips and talk to your Werner Law Group attorney.
The benefits of mediation
Over the past few decades, mediation as an alternative to trial has grown more and more popular, and for good reason.
Rather than leaving your fate up to a judge, mediation gives you and your attorney more control of the outcome. It also gives you a chance to express yourself freely in a more relaxed setting.
And unlike a court proceeding, where any information brought up during the trial may be made accessible to the public, mediation is entirely private.
Mediation can also cut legal fees in half, sometimes more.
When mediation works well
Mediation is most effective when both parties come to the table ready to compromise. If one or both parties come with an “all or nothing” mindset, mediation will likely fail.
It’s helpful to go over your case with your attorney beforehand and decide what points are most important to you and where you are willing to bend.
Finally, mediation works well when both parties are willing to remain civil with one another and attempt to see the other person’s point of view.
When it’s better to go to trial
If you and your attorney are confident you can win the case without compromising, you might decide you’d rather go to court.
In some cases, the relationship between the two parties may be too strained to achieve a successful outcome. This may occur because the individuals are too far apart to compromise or in relationships with serious power imbalances or control issues.
Deciding when to go to court or to involve a mediator can be a difficult decision. As a Certified Mediator, Leslie Werner has taken part in plenty of mediations, both as the mediator and the attorney representing a party in a mediation.
Text Leslie at 361-648-6888 and see if mediation may be a good option in your case.