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The goal of mediation is to use the assistance of a neutral third party to reach an agreement that meets the needs of both parties, without the financial and emotional cost of a court case.
A mediator provides legal information and guides discussions in an effort to resolve issues. The mediator 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.
In advance of any meeting, it is common for the parties to 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.
For civil matters, 75% of 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.
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In addition, a typical trial, filled with stress and expense, may not result in a verdict for 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).
Effective mediators 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. It is also critical that a mediator is able to communicate easily with both parties and their attorneys (if they have attorneys), quickly evaluate information from each party, then determine key issues, strengths, and weaknesses.
Other characteristics of a skilled mediator include impartiality, objectivity, and 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.
Of all the mediation cases handled by Menn Law, 95% are referred by outside attorneys. Why? Menn Law attorneys have ...