Most people know what trial is like. Thanks to TV shows like Judge Judy, they have seen plenty of people go to court. But, mediation isn’t nearly as dramatic, and it’s rarely featured on television. People often do not encounter it until they need it—or until their lawyers suggest it.
So what is mediation, and what should you know about how it can help you through your family legal issue or personal injury claim? Read on!
4 Things You Should Know About Mediation
1. Mediation actually gives you more control over the outcome than going to court.
When you participate in mediation, you work with the other party to shape a reasonable solution. Together, you define the terms you’ll agree to.
When you go to court, it’s different. You turn the matter over to a judge (or jury). The judge decides the outcome of the case, and you must follow the judge’s order. You could be stuck with an outcome you don’t like.
2. Mediation is a way to resolve conflict without court, but it can still be emotional.
Many people say that mediation is a less-stressful alternative to going to court. It allows the parties to resolve matters without extensive fighting—fighting that often drains resources and negatively affects others involved, like children in a divorce proceeding.
But this doesn’t mean that mediation is unemotional. The parties often must discuss and agree on issues that affect them personally. They must find a way to move forward after significant wrongs.
Good attorneys know how to effectively support their clients through the ups and downs of mediation. They effectively prepare their clients for the process and take steps to protect their clients’ interests. With an experienced lawyer’s help, mediation can be manageable and productive.
3. Mediation is confidential.
Under Minnesota Rule 114, the parties cannot admit evidence during trial about any mediation sessions (with a few limited exceptions). If your legal issue still winds its way to court, the other party cannot use what you said during, and evidence you brought to, your mediation session(s).
This provides for a freer-flowing conversation and sharing of more information that can help move proceedings along. It means that mediation can get at the heart of the matter without causing parties to worry about preserving their positions if the matter goes to trial.
4. Mediation can be a chance to tell your side of the story.
People often say what they are really thinking in mediation. When you participate in mediation, you get a chance to say what is truly on your mind. You get a chance to tell your side of the story and see how the other person responds.
Curious to Know More? Call an Experienced Mediator Today.
The best way to learn more about mediation is to speak with a lawyer about your situation. At White & Associates, we talk with Minnesotans about what to expect and how mediation may help them resolve the conflicts they face. We can answer your mediation questions.