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Mediation & Arbitration
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Imagine solving your issue without going to court—that’s the idea behind mediation and arbitration. Menn Law has one of the most experienced mediation staffs in the region and our attorneys are dedicated to helping you reach an agreement without the financial and emotional cost of a court case.
In mediation, a neutral third party is used to help the parties reach an agreement that meets both their needs. A mediator provides legal information and guides discussions, but does not represent either party and cannot provide legal advice. Mediation can occur with parties who are with or without attorney representation. If no attorneys are hired, the mediation process still requires the preparation of all court forms, which the mediator may help prepare.
Virtually any type of case can be mediated. The issues can include contracts, partnership dissolutions, divorce, workplace conflicts, personal injury, sexual harassment, landlord-tenant relationships, discrimination, collections, and more.
HOW DOES MEDIATION WORK AT MENN LAW?
Parties provide the mediator with documents describing the facts and issues of the case. Frequently, but not always, this information is also exchanged between the parties.
Depending on the relationships, all participants may meet initially with the mediator to discuss the case in general terms. The parties then go to separate rooms, and the mediator serves as liaison to develop consensus. Tapping personal experience and knowledge of the law, the mediator provides direct and honest analysis to assist the parties, which often involves assessing likely jury verdicts if the case were to go to trial.
Because the mediator is without authority to direct the parties, success depends heavily on the mediator’s persuasive abilities and the parties’ willingness to compromise.
HOW CAN MEDIATION BENEFIT YOU?
For civil matters, most Wisconsin judges recommend the use of Alternative Dispute Resolution (ADR), with mediation as the method of choice, and nearly one-third order ADR in every civil case. Plus, 94% of attorneys who engage in litigation support mediation.
- Bypass scheduling difficulties caused by crowded court calendars
- Avoid the preferential treatment courts give to criminal cases
- Eliminate the expense of expert witnesses
In addition, a typical trial, filled with stress and expense, may not result in a verdict for up to 18 months from the date of filing. The mediation process resolves most cases in less than one day (with the exception of family law cases).
SELECTING A MEDIATOR: MENN LAW
Effective mediators, such those at Menn Law, often have extensive experience as trial lawyers for both plaintiffs and defendants. This experience gives each party a realistic assessment of their position and helps predict the outcome of a case, which typically moves it toward a resolution. Mediators must be able to communicate easily with both parties and their attorneys (if they have attorneys), quickly evaluate information from each party, and then determine key issues, strengths, and weaknesses.
At Menn Law, our mediators are also impartial, objective, and have the ability to be gentle, yet firm, when the situation warrants. These traits help the mediator handle confrontation and emotion, while guiding parties toward consensus.
Proven mediators can provide a long list of credible references to support their skills. Please contact us for more information on Menn Law’s mediators.