Whether you’re in the middle of a legal dispute or you know that you have an inevitable battle coming down the road, mediation is a powerful alternative to the courtroom that can bring creative solutions and strong resolutions. Mediation isn’t always thought of as a “go-to” method to solving legal issues due to a variety of factors that simply aren’t true. Here is another perspective behind 3 common myths about mediation and reasons why mediation can work for you.
Mediation is a sign of weakness
Proposing or discussing the idea of mediation is not about accepting defeat, settling for something that you don’t believe in, or giving up the fight. In fact, mediation is about maintaining control, balancing power, and approaching the dispute from a third-party perspective. Mediation represents a strength and an empowerment regarding your case. The mediator doesn’t have the power to decide your case like a judge, therefore the decision is still in your hands and the hands of the opposing party. A mediator is there to facilitate a discussion so that an agreement can be made without heading to the courtroom. If anything, mediation gives you the strength to finally come to a resolution.
It won’t work because I know “I’m right”
Thinking in black and white terms such as “wrong” and “right” makes it harder to arrive at a solution or agreement, no matter what the case presents. While there are situations that seem “blameless” on one side, there is often a gray area that mediation helps to uncover and understand. Mediation is great for narrowing down the issues so that only the important and relevant issues are discussed. Clients often leave mediation sessions with a better understanding of the other side’s strengths, weaknesses, motivations, and interests. It’s not about giving up your position of “right”: it’s about understanding the other side, and coming up with a solution that makes both parties happy so that you don’t have to drag on the matter any longer. Both sides can be right in different ways, and placing “right” and “wrong” labels on a case doesn’t take it anywhere.
My case is too complex for mediation
Mediation tackles all kinds of legal issues and is not reserved for a light issue or a small misunderstanding. People often think of mediation when it comes to divorces or custody agreements, and although mediation can be extremely helpful in those circumstances, it is also beneficial for a variety of other areas. From business disputes to real estate issues, mediation is able to take on the heaviest cases, involving large companies or single individuals. Involving an experienced mediator does not connote a lack of preparation and it does not mean that it’s taken any less seriously than it would be in a courtroom. Complex cases often thrive in mediation, when the details can be viewed from all perspectives, and a creative and individualized solution can be developed that closes the case.
Mediation isn’t the answer for every dispute. When there is a chance for mediation to bridge the gap between multiple parties, it presents a chance for resolution outside of the courtroom, saving both sides of table time and money.
Are you looking for legal mediation? Do you think that your case is a good candidate for mediation? Contact Hartmann Law at (816) 599-6638. Kristi Hartmann offers business, real estate, and estate planning legal and mediation services.