Disputes sometimes arise in business dealings and real estate transactions. Depending on the nature of the dispute, it is possible to resolve many cases through a process called mediation instead of through the courts. Mediation is an alternative dispute resolution procedure that facilitates negotiated agreements as a solution to many different legal issues.
What is mediation?
Mediation is a process that is held outside of the court process and is available in most non-criminal legal matters. When parties agree to try to mediate their differences, they meet with a neutral third-party mediator. Mediators are trained to facilitate negotiated agreements to resolve legal disputes between parties. If an agreement is reached through mediation, the agreement will be drafted and will serve as the mutual agreement governing the relationship and contractual duties of the parties.
Types of cases that can be mediated
Many non-criminal cases are eligible for mediation. This alternative dispute resolution method is confidential and private and might allow the parties to resolve their disputes outside of the court process. Mediation might be appropriate for businesses that want to resolve minor contract breaches, business partners who need to resolve their differences regarding business operations or other issues, real estate disputes, divorces, and others. If an agreement is reached through mediation, the case will be over. The parties will then be able to continue working together under their contracts. If an agreement is not reached through mediation, the parties can pursue their legal claims in court through the litigation process.
Mediation offers several advantages over litigation, including the following:
• Faster than the litigation process
• Less expensive than a lawsuit
• Parties able to make decisions for themselves
While mediation in business and real estate disputes is not appropriate in every case, it can be a great way to resolve many different types of disputes. Businesses and others that are embroiled in legal disputes might benefit from considering mediation as an alternative to litigation. If the parties agree to try to mediate their differences, they might reach a resolution much sooner through mediation than through litigation.