Franklin Mediation Attorney
Settling a legal issue does not always have to involve a nasty court battle. If you want to avoid litigation, consider mediation. Mediation is a form of alternative dispute resolution that helps people resolve issues regarding money, property division, child custody, and more.
The goal of mediation is to reach a mutual agreement that resolves the disagreement based on evidence and law, while fulfilling the parties’ needs and interests. It involves the affected parties as well as a neutral third party who helps move things along.
Mediation is a confidential process, unlike a court hearing. It is also not legally binding, so while the parties may come to an agreement, they do not have to follow through with it. The Franklin mediation attorneys of Beal, Nations & Crutcher can help ensure you get the best results possible with mediation.
What Does the Mediator Do?
While the mediator cannot make decisions or tell the parties what to do, they do help them come to an agreement. They will meet with the parties together or separately to:
- Improve communication
- Help the parties communicate their interests and better understand their opponent’s interests
- Find areas of agreement
- Determine the strengths and weaknesses of each party
- Find agreeable resolutions
Difference Between Mediation and Arbitration
Mediation and arbitration are two terms that are often used interchangeably. However, they are not exactly the same. While both mediation and arbitration use a neutral third party to help resolve the issue, that is where the similarities end.
In arbitration, the arbitrator serves as a judge. They listen to the evidence and determine the outcome of the dispute. The judge is in control, unlike mediation, in which the disputing parties maintain control. Also, the outcome is final and binding on both sides, unlike mediation.
Benefits of Mediation
Mediation is primarily used in divorce and civil cases. It offers the following benefits:
- Confidential. Unlike a court hearing, mediation is confidential. Nothing is recorded and when the mediation is over, any notes are destroyed.
- Informal. Unlike court, mediation is informal. No attorneys or witnesses are required.
- Quicker. You may be waiting a while for a court date. Mediation can usually be started right away and the process is shorter.
- Inexpensive. Paying for court and attorney fees can get costly. A mediator costs roughly $200 an hour, which may seem pricey, but it is much cheaper than litigation.
- Greater degree of control. The parties involved control the outcome. They do not have a judge decide on their case for them.
- Customized agreements. The parties can get creative with their problem solving and agree to a resolution that fits their needs and interests. Those who are involved in the decision making are often more satisfied with the results.
Contact Us Today
Mediation is a good way to settle disputes while saving money. It allows you to avoid court, where the process can become lengthy and costly.
The law firm of Beal, Nations & Crutcher can help ensure you get the best results possible with mediation. Call (615) 861-2304 to schedule a consultation.