Legal Blogs

When is Mediation an Appropriate Method of Dispute Resolution?

Mediation is a method of resolving disputes that puts the outcome of the disagreement in the hands of the parties involved. Mediation can be a much less adversarial, much more effective way to resolve disagreements in many situations. However, mediation is not always a viable solutionWhen is Mediation an Appropriate Method of Dispute Resolution?

To determine if mediation is an appropriate method of dispute resolution, you must understand how mediation works. You also must make a commitment to compromise and must be able to count on the other party to your disagreement also being focused on finding an amicable solution.

It is beneficial for both parties involved in mediation to be represented by their own attorney.  Brown & Charbonneau, LLP has extensive experience providing representation and advice to clients involved in mediation. If you want help determining if mediation is right for you or if you need assistance throughout the process, give our Irvine mediation lawyers a call today.

When is Mediation an Appropriate Method of Dispute Resolution?

Mediation occurs when the parties who are involved in a disagreement work with a professional third party mediator to find a compromise solution. The mediator usually has training in psychology, social sciences, or a related field (mediators may have legal training as well, but this is not always the case). The mediator does not issue rulings, make commands, or make orders. The mediator also does not decide the dispute. A mediator helps the parties to outline their goals and their desired resolutions to a disagreement and works to help the parties find common ground. With the help of a mediator, the parties who are involved in a conflict should create their own solution.

Mediators don’t have the power that judges or arbitrators do to command the parties involved to make an agreement. Mediation is generally voluntary. Mediators also can’t subpoena evidence or force parties to be honest or provide information that may be necessary to make a decision. As a result, mediation may not be appropriate in all circumstances. Mediation is not the best method of dispute resolution unless both parties really want to make the process work and are willing to be reasonable both throughout the process and in coming to a final agreement.

Mediation is often used as a method of dispute resolution in situations where the parties in a disagreement want to, or will be forced to, keep working together or to maintain an ongoing relationship even despite the disagreement.  This can occur in situations where a couple with kids is divorcing, for example, or in situations where business partners are involved in a conflict. Because mediation requires compromise, relationships can be preserved and there will be no winners and losers like in litigation. It is not, however, appropriate if either spouse in a divorce is hiding financial information, is abusive, or is otherwise unwilling or unable to come to a compromise.

To determine if mediation is an appropriate method of dispute resolution under the circumstances of your dispute, contact an Orange County Business Mediation lawyer. Brown & Charbonneau, LLP will help you with mediation, arbitration, or litigation.  Give us a call today to learn more 714-505-3000.