Mediation refers to a form of Alternative Dispute Resolution (ADR) in which people can meet with a neutral, certified third-party in an effort to settle a dispute.  A mediator does not make a decision for the parties at mediation – a mediator facilitates discussion between them with the goal of arriving at a resolution.   Ordinary people are better suited than a Judge to make informed decisions about their own lives. Mediation helps with that.

If you are considering mediation to handle a disagreement of your own, here are some important things for you to know:

The Benefits of Mediation

A mediator helps facilitate a discussion between people involved in a dispute.  Being professionally trained, mediators can also offer solutions and and alternatives to difficult situations.  They remind people that although their desired outcomes may differ, they likely share the same values. By focusing on common interests, mediation leads to resolution.

Regardless if you are currently in a dispute or hoping to resolve one, one should always consider the practical reasons for avoiding a disagreement in a courtroom setting.  These reasons can include:

  • Expense:  Let’s face it – lawyers are expensive.  It’s commonplace for attorneys to rack up thousands of dollars in billing for cases that could have been resolved efficiently through mediation at minimal cost to all involved.

  • Time:  Court cases can drag on for years.  Oftentimes, situations are delicate and need to be addressed quickly, but our court system often isn’t equipped for that.  Mediation can help

  • Aggravation:  Our adversarial court system is tough.  It oftentimes encourages tearing down the other party to get what you want.  Instead of focusing on old grudges, mediation steers the outlook towards the future.  Mediation is focused on results.
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The Mediation Process

If both parties to a conflict are interested in mediation, they can begin the process by contacting the mediator.  After agreeing to a time for mediation, the Parties will then meet and begin discussing their dispute.

Mediation sessions typically last about half of a day, depending on the complexity and type of disagreement.  At the mediation, Parties can either meet together, or if they prefer, they can remain in separate rooms and the mediator can act as a go-between.  Either way, the mediator endeavors to help the parties reach a goal that is in their mutual best interests while avoiding the pitfalls of a nasty court battle.

Adam Taylor, Attorney and Mediator

Adam Taylor is an empathetic and experienced mediator.

One of the most valuable aspects of using mediation is that it offers the parties involved control over the outcome of the dispute themselves.  Court decisions can many times be unsatisfactory for the interests of both parties as they have a limited number of ways to remedy matters of dispute.  It’s important to remember that a court decision is a judgment based on the constraints of the law and is not tailored to benefit the particular interests of either party.   

Taylor & Hinkle - Personal Injury Lawyers in Beckley WV

Take Control With Mediation

One of the most valuable aspects of using mediation is that it offers the parties involved control over the outcome of the dispute themselves.  Court decisions can many times be unsatisfactory for the interests of both parties as they have a limited number of ways to remedy matters of dispute.  It’s important to remember that a court decision is a judgment based on the constraints of the law and is not tailored to benefit the particular interests of either party.   

When going with mediation, you guarantee the dispute is kept in the hands of the parties involved.   This allows for a freedom otherwise unavailable in a courtroom setting where each party can agree on a resolution without rigid constraints based on the law.

When the stakes of your dispute are too high to risk the chance of a court handing down an undesirable decision, civil mediation should be your first choice for guaranteeing you maintain a voice in how your matters are handled.

If you have questions surrounding the civil mediation process or are ready to hire a mediator of your own and live in the Southern West Virginia area, don’t hesitate to contact the mediation professionals today at Taylor & Hinkle, Attorneys at Law (304) 894-8733.

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Mediation refers to a form of Alternative Dispute Resolution (ADR) in which people can meet with a neutral, certified third-party in an effort to settle a dispute.  A mediator does not make a decision for the parties at mediation – a mediator facilitates discussion...

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