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Mediation

Home > Mediation

Knowing When to Settle and When Not to Settle

Settling, in the legal sense, refers to deciding that the outcomes desired to culminate a case, such as a divorce, have reached the place where no more can or should be done to litigate the issues under consideration. At this point, be it at mediation or in an attorney’s office, a settlement agreement will be executed then presented to the judge for scrutiny at a final hearing so that the Judge can turn the parties agreement into an order of the Court. It is highly unlikely either party will be 100% happy with the outcome but a settlement indicates both parties were willing to compromise and...

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Negotiation in Mediation

Successful negotiation strategies First, it is important to understand what mediation is and what it is not. Legal mediation is a form of alternate dispute resolution where, through the participation of a third party termed a “mediator”, issues needing resolution are presented with the hope of coming to a settlement, making a court hearing unnecessary. While a mediator is not a judge and cannot forcibly resolve issues brought to the mediation table, he or she can facilitate compromise and guide the parties to a reasonable outcome. Studies show that, overall, mediation is faster and less costly than waiting and paying for...

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