Mediation involves two or more opposing parties who are either involved in, or considering, attempting to resolve their dispute informally with the assistance of trained mediator. The mediator generally acts as a facilitator, helping the parties communicate through a neutral to reduce animosity and find common ground. While a mediator does not take sides in a dispute, a good mediator will get both parties to recognize the risk factors for their side of a case, and see the potential strengths in the opposing party’s position.
The goal of mediation is for participants to agree on realistic terms that are fair to both, with the goal of generating a written, enforceable agreement that both sides can live with and then move beyond their dispute. A skilled Concord mediation lawyer will help the parties involved in actual or contemplated litigation understand how their interests can be better served through negotiation.
Court trials can be expensive, lengthy, and much more stressful than the parties would initially believe possible. In the end, one party wins, and one loses, meaning the risks can considerable. Mediation offers many benefits over going to court, including the following:
If the participants fail to reach an agreement during mediation, their dispute can always continue on a track to trial. Unless an agreement is reached between the parties, a mediation does not restrict the parties from litigating their case, and because it is completely confidential, nothing they say or request in a mediation can later be used to prejudice their case in court.
Almost any dispute can be mitigated, such as those arising from the workplace, violations of civil rights, and personal injury cases.
Wage and discrimination disputes can land an employer before government agencies or in civil court suit seeking monetary damages. Employment disputes frequently bring about hard feelings and the desire for both parties to prove that they are “right” and that the other side is “wrong.” As such, employment cases are among the very best candidates for the assistance of a mediator.
Those injured due to someone else’s negligence deserve to be compensated for medical bills, lost wages, pain and suffering, and property loss. Often, the defendant’s insurance company throws a lowball offer into the ring, hoping the plaintiff will need the money and accept a little instead of hoping for more.
A mediator who has experience with personal injury claims can assist an injured plaintiff in more effectively communicating with defendant’s insurance company. Injured parties often find it difficult to settle upon an amount which fairly values their case, and insurance company adjusters are often wedded to rigid valuation computations that may not reflect the individual nature of a plaintiff’s case. A skilled mediator can help bridge the inevitable gap that these different viewpoints create between the parties.
All New Hampshire residents have certain rights granted by law, and when those rights are violated, mediation can help correct the wrong. Violations include mistreatment in the workplace, discrimination in housing and hiring, and unfair treatment in the prison system. Like employment cases, by the time a person brings a civil rights claim, tensions between the parties are often high, meaning that neutral viewpoint and effective communication between diametrically opposed positions is of inestimable value in assisting the resolution of such disputes.
If you are embroiled in a dispute that could land you in court, consider mediation. Whether your dispute is with an insurance company after a car accident, or for a discrimination complaint you filed at work, mediation could be a less expensive and more expedient strategy if both parties agree to it.
A good attorney-mediator will be someone who has real world experience in litigating a wide variety of cases involving different areas of the law, and different types of clients. They must be patient, empathetic, and practical in their approach to assisting the parties to a dispute in letting go of entrenched positions and finding a path to resolution. Jason Major has more than 20 years of experience litigating a wide range of legal claims. He is well known for his patience and pragmatism in resolving difficult cases for his own clients, and has successfully mediated disputes as a volunteer mediator for the N.H. Commission for Human Rights.
Dispute mediation is a cost-effective and less time-consuming way to settle civil disputes. Through open communication and mutual respect, mediation has been successful in resolving human rights claims, personal injury suits, and litigation or disputes arising out of the workplace.
If you or your client are embroiled in a difficult dispute, you might benefit from the assistance of a skilled Concord mediation lawyer. Call Lehmann Major List, PLLC and ask if Jason Major can serve as a mediator for your case.