Mediation as a form of alternative dispute resolution has become a significant part of trial practice in the areas of Family Law and civil cases.
- The decision remains with the involved parties. The people who have the conflict have the responsibility for coming up with a solution to the problem at hand. The mediator doesn’t make the decision; he or she helps with the discussion process. Because the decision remains with the parties, you don’t take chances with the court’s decision.
- Instead of a decision, the focus is on needs and interests. The ABA notes that mediation examines the underlying causes of the problem and looks at what solutions can resolve them.
- Mediation allows for relationships to continue. For divorcing parents with children, business partners who have shared interests, family members, and others, mediation can avoid the hostility that comes from a court decision and let the parties involved look to the future.
- Mediation is faster. The process is often much quicker and less expensive than court trials.
- Mediation is private. Unlike court proceedings, the results do not have to be publicly disclosed.
- Mediation takes parties’ feelings into account. This can help dispell emotions that may have led to the conflict in the first place.
- Mediation is less formal than court proceedings. Again, this can help people focus on the problem and possible solutions.
- Mediation often leads to higher satisfaction. The ABA reports that participants in mediation note higher satisfaction rates than people who go to court. Mediations end in agreement 70 to 80% of the time and have high rates of compliance. And because parties participate in the resolution, they are more likely to abide by the terms of the mediation.
Patti Jane Lay, in an effort to utilize her vast trial experience, has become an approved Supreme Court Rule 31 Mediator in both General civil cases and Family Law cases. Attorney Lay has been an approved Supreme Court Rule 31 Mediator since 1996.
There’s no charge to discuss your case to see if Lay & Baugh Law can help you. Simply click below to schedule a discussion.