In mediation, parties involved in a dispute seek to resolve a conflict with the help of a neutral third party who facilitates negotiation. Mediation is a private and confidential process that can take the place of traditional litigation, employed by parties who wish to avoid such an expensive conflict. Ultimately, the parties involved in the disagreement must decide if an agreement has been met. The mediator is there to assist with effective communication and to help ensure that the negotiation process goes smoothly. When parties have a disagreement but are reluctant to take the fight to court, mediation may be an option. Mediators are objective third parties who listen to all sides of a dispute and assist the other parties to reach a satisfactory solution on their own. Mediation can be used to avoid litigation, but it may also be used in conjunction with litigation to reach the best agreement for both parties. We believe that it is a faster and less costly way to reach alternative agreements.
We have litigated matters for decades. We recognize the stress and financial impact of litigation. Sometimes, it is a necessity; other times, legal matters are best resolved through mediation. At Ilkhanoff & Silverstein, our compassionate dispute resolution team is ready to assist you with you. We are committed to helping our clients resolve their disputes in an efficient and cost-effective manner.
What legal matters can benefit from mediation?
Mediation can be used in a wide variety of areas. Mediation is a private session that protects the privacy of both parties, even when litigation is involved.
Mediation can be used to settle many types of disputes, such as:
- Corporate disputes
- Transactional disputes
- Family and domestic relations disputes
- Personal injury issues
- Employment disputes
- Contract disputes
- Construction Issues
How Does Mediation Work?
Mediation is a process that ensures all concerns are heard and taken into account. The process begins with a private meeting between the mediator, both parties, and any legal counsel the parties wish to add as participants. At the first meeting, or when the session begins, the mediator will explain the process of mediation and introduce ground rules for the discussion. Following this explanation, each party or their legal counsel will explain their position and understanding of the legal and factual issues of the case. During this time, the mediator will clarify their own understanding with questions, and learn about prior negotiations. After the entire dispute has been laid out from both sides, the parties can and may separate into private meetings with the mediator, called caucuses.
In these meetings, anything said to the mediator cannot be repeated outside of the caucus, except with express permission of the party. The confidentiality of these meetings will allow one’s counsel or client to express anything they felt uncomfortable stating in the presence of the other party. The party and mediator may discuss the risks, the party’s interests, settlement flexibility, and the strengths and weaknesses of the case. Towards the end of these discussions, the mediator will begin to convey settlement offers between the parties until an agreement is reached.
Once a consensus has been reached, the parties will be brought back together for closure. In this stage, the mediator will help the parties memorialize the essential terms of the agreement, which then will be signed by both parties.
Contact our firm for your mediation needs
At Ilkhanoff & Silverstein, we offer caring mediation services for all disputes. We understand the difficult and stressful process that can come with many settlements, and we are committed to helping clients find peaceful, satisfying resolutions. Our firm is well experienced in a number of legal areas, and we will use this understanding to guide our clients through the mediation process. Don’t wait to resolve your dispute. Contact Ilkhanoff & Silverstein today.