What is Mediation
Mediation is a voluntary, problem-solving process facilitated by a neutral third-party. The underlying premise of mediation is this – the involved parties come together to try to resolve the dispute because they are in the best position to do so. Even if a full agreement is not reached at mediation, this process can help identify the underlying reasons for the dispute and will often uncover areas of common ground or where any potential for agreement exists.
The role of the mediator is simple. A mediator is meant to help the parties uncover their differences and come to some sort of amicable solution. Their role will not be to assess blame or render a legal opinion on the merits of your claims if you were to go to trial. The mediator will listen to both sides and try to seek concessions from either side. Ideally, the parties will walk out of mediation with an agreement that both can live with.
The Benefits of Mediation
Mediation is an appealing, cost-effective alternative to litigation. Mediation is always going to be cheaper and faster than going to trial. If you are unsatisfied with the result of mediation, that’s OK. Mediation is a non-binding procedure which means you cannot be forced to accept an outcome that you do not like. However, if you do end up signing an agreement at the conclusion of mediation, that agreement will be as enforceable as any other contract.
Almost all courts in Colorado require mediation prior to setting a case for trial. We recommend it too, because a successful mediation will save you a lot of time and in many cases, a lot of attorney fees.
Do I Need an Attorney for Mediation?
While it is strongly recommended that you have an attorney attend mediation, there is no requirement that you have an attorney. However, having an attorney attend mediation can help the process go more smoothly and can often result in a better deal for you.
Marie E. Drake at The Drake Law Firm, P.C. is an experienced mediator who is excellent at identifying potential issues in your case, creating a strategy to resolve those issues, and implementing the strategy so that you get a positive outcome at mediation. Marie has mediation experience in civil litigation, divorce, and real estate issues.
Contact the Drake Law Firm, P.C. today at 303-261-8111 or complete our online form if you are considering mediation. Our experienced attorneys can help you through every step of the process and advise you on how to best accomplish your goals. Don’t try to figure this out on your own.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.