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Dispute Resolution

MEDIATION, ANOTHER OPTION

            The potential of having to be a party at a trial, especially a jury trial, is a prospect most folks do not relish.  At best, the event constitutes an imposition on one’s time--at worst the thought of the experience is frightening.  At trial the parties disclose personal matters and are judged by people they have never met.

          In the past ten years, an alternative to the trial process has developed.  It is called “mediation.”  A mediation procedure is simply a meeting, involving the parties to the litigation or dispute, their attorneys, and a neutral third party who is the mediator.  In advance of the meeting, the mediator normally has been in communication with the lawyers for the purpose of educating the mediator concerning the facts and issues which give rise to the dispute.  Frequently this is done by supplying the mediator with copies of the important documents relevant to the dispute in question.  

          It is the mediator’s job to understand the problem, and then to formulate a plan to solve that problem.  During the course of the mediation, it is common for the parties and their attorneys to be separated from each other.  This enables the mediator to communicate candidly with both sides.  The mediator then reviews the strengths and weaknesses of the case with both parties.  The mediator does not have the power of a judge--he cannot order the parties to settle. Rather the mediator must attempt to persuade the parties to come to a mutual resolution.  Normally this is done by assisting them in the evaluation of settlement options and explaining what awaits if the case must go to trial. 

          Ultimately the goal of the mediator, and presumably the attorneys, is to obtain a mediation result which they believe is reasonable in light of the probable jury verdict which awaits, if the case actually must go to trial.  While it is not possible to predict with certainty the result a jury would reach, a trial-seasoned mediator and the attorneys can generally forecast the probabilities of the outcome.

          Resolving a case through mediation as opposed to trial will, without question, save the parties hours of stress and anxiety, as well as thousands of dollars in legal expenses.  For these reasons, mediation is becoming an extremely popular alternative to trial.  

           For more information on this topic please email Attorney Skip Beisenstein (joseph-beisenstein@mennlaw.com) All of our attorneys may be reached by phone at 920-731-6631 to discuss the legal services you require.

Menn Law Firm, Ltd., 2501 E. Enterprise Drive, P.O. Box 785, Appleton, WI 54912-0785
920-731-6631