Learn how the skilled attorneys of HoganWillig help clients save time and money outside of the courtroom and inside the mediation room.
It’s no secret legal fees can add up over time especially if your matter requires time spent in Court. What if you didn’t have to go to court, though? What if you could comfortably, amicably and more easily settle your legal dispute through the means of mediation? More and more individuals are using mediation today because it’s faster, cheaper and overall a more pleasant experience.
Mediation, according to Kevin Mahoney of HoganWillig, is a form of alternative dispute resolution. It’s an agreement-based process where clients, sometimes along with their individual lawyers, work together to come to an agreement. The mediator is a neutral third party who facilitates communication between the parties and drafts agreements when they are reached.
Cases which would typically end up in a Civil Court are the most often mediated. The mediation process allows for the involved parties to control the pace and ultimate outcome of their case to a greater extent than the Court system provides, Mahoney said. Criminal cases, however, are not typically mediated.
The mediation process can vary, but some results can be reached in only a few weeks if all goes smoothly. Mediations typically begin with a discussion regarding the process including the roles and responsibilities of the mediator, as well as the parties involved.
Once mediation begins, necessary information is exchanged and often times, informal agreements are reached regarding certain issues pertaining to the matter at hand. Ultimately the parties, with the assistance of the mediator, discuss various issues in the case and work towards achieving a consensus as to the manner in which they will be resolved with the mediator then drafting a written agreement, Mahoney said.
If you decide mediation is something you’d like to pursue, you then need to find the right person for the job.
“As with any attorney-client relationship, there needs to be a comfort level with the mediator – especially where the nature of the dispute involves personal matters such as with family law issues,” Mahoney said.
It’s important to keep in mind, if the mediation is going to result in a written agreement, the mediator should be an attorney well-versed in the area of law being dealt with. Ultimately, the agreement being signed is a contract and a legal agreement.
If you’re looking for mediation services, Kevin Mahoney is also a trained mediator and can help clients with their mediation needs.