Mediation – A Proven Cost-Effective Method For Resolving Disputes
Posted by , on July 14, 2016
Without question, the cost and time spent litigating disputes to final resolution before a trial court or jury often exceed the value of the final award or judgment entered in the case. As a result, parties involved in lawsuits are often motivated to try to resolve their disputes prior to trial. In many cases, they choose to participate in mediation in an attempt to resolve their disagreement once and for all.
Mediation is an informal process where the parties to a dispute hire a neutral third party, typically an attorney, to assist them in pinpointing the issues that frame their disagreement, discussing potential solutions, and negotiating a settlement as to some or all of the issues in dispute. The parties to a mediation are required to participate in good faith but are not required to reach an agreement. Any agreement obtained through mediation is based on the independent decisions of the parties. The mediator does not decide the outcome of mediation.
Generally speaking, mediation is a voluntary process that can be started at any time before or after a lawsuit is filed. Although mediation is typically initiated voluntarily, Indiana’s alternative dispute resolution rules allow the trial court to order parties in a lawsuit to mediation.
As indicated above, one of the most common advantages of mediation is that the mediation process is often less costly and time-consuming than trial or dispositive motion practice. Furthermore, in mediation, unlike trial or motion practice, the parties control the final resolution of the dispute. The parties decide the terms and conditions of final resolution with the assistance of their attorneys rather than leaving their fates in the hands of a judge or jury.
RTS attorneys have significant experience representing clients in mediations involving real estate, contract, probate, trust, business, and other disputes. Additionally, James R. Schrier and Kevin J. Riley are registered mediators in Indiana capable of mediating many types of civil matters.
**Reiling Teder & Schrier, LLC is an Indiana Limited Liability Company. The information contained in this website has been prepared by Reiling Teder & Schrier, LLC for informational purposes only, and is not legal advice. The information on this website should not be relied upon to make any decision, legal or otherwise. If you have any specific questions or inquiries regarding any of the information contained in this website, you should consult with an attorney licensed in your state. The information contained in this website pertains only to matters of Indiana law and the laws of other states may be completely different from the laws of the State of Indiana.