Mediation is a process for the settlement of disputes outside of trial, the courtroom, and the judge that puts you in control of the outcome.
Unlike typical litigation, mediation is aimed at creating a solution in the most efficient and cost-effective way with an outcome that is created by and satisfies everyone involved.
You do not have to file a lawsuit to mediate a dispute. The parties may select and agree on a mediator. If you cannot agree, you can file a lawsuit, and still request to have the Judge appoint a mediator and mediate outside of the Court.
The mediator will normally have the parties sign a confidentiality agreement and a fee agreement. The fees will vary with who the mediator is, what kind of a case it is, the complexity of the case and the time that may be involved to mediate it.
If the parties have reached an agreement in mediation, the mediation agreement is legally binding. If a lawsuit has already been filed in the matter, the mediator will submit documents to the Court to be signed by a Judge to be adopted as an official court order. Again, mediation agreements are legally binding, confidential, and cost-effective.
If the parties don’t agree after mediation, the case will either proceed to a lawsuit or Trial (if a lawsuit had previously been filed) or, upon agreement of the parties, the mediator may become the Arbitrator and make the final decision.
If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480.994.8824 to schedule your free 30 minute consultation.