When Is Mediation the Best Choice for Your Dispute?
Alternative dispute resolution isn’t an option for all cases, such as those involving criminal charges. However, for many types of civil disputes, mediation may offer an ideal alternative to going to court. Consider talking to a lawyer about undergoing mediation near Anne Arundel County to resolve matters pertaining to divorce, marital assets, child custody, business disputes, and employment disputes.
When You Need to Preserve a Relationship
Disputes often arise between individuals who need to find a way to set aside their emotional differences and develop mutually agreeable solutions for the sake of preserving a working relationship. For instance, if you and your business partner have differences of opinion regarding the operation of the company, mediation may help both of you resolve these matters in an amicable fashion that allows for continuation of the partnership. If you are planning on dissolving the business, mediation is less costly resolution on how to wind down the company plus preserve the relationship if you ever need a referral or help from your partner in the future. Child custody cases can also benefit from mediation. By necessity, divorcing or separating individuals must continue to have a working relationship when they share children in common. It’s in the children’s best interests to see that their parents are working together cooperatively, both during and well after mediation. Additionally, mediation for child custody matters allows both parents to share their concerns for their kids and to get on the same page regarding childrearing decisions. Mediation can help begin rebuilding the relationship between Mom and Dad so that they can help raise their child into adulthood as well as present positive role model for him or her.
When You Prefer to Retain Control Over the Outcome
Lawyers who are well-versed in the mediation process often recommend this approach to clients who are hesitant to turn over full decision-making powers to a judge. When a matter goes to trial, an attorney can make prediction of what can happen, but he or she cannot guarantee. Also, rarely does a party walk out of court happy as judges like to do what he/she believes is fair.
Mediation returns control back to the parties so that they can reach a settlement they are satisfied with and know they had a hand in reaching. It isn’t practical for an individual to expect that he or she will get everything he or she desires out of mediation, since successful mediation often does require both parties to make compromises.
When the Parties Struggle with Negotiation
Mediation can provide an ideal forum for negotiation, particularly when the involved parties have difficulty beginning their negotiations. A neutral mediator can also help the parties move forward from an impasse in negotiations. A mediator can help focus the parties on the impasse and help the parties recognize their common ground to move on. A mediator can also provide a neutral evaluation of the strength and weaknesses of each side should the matter go to trial as well as possible outcomes by the court. One example of helping parties move pass an impass is in the dissolution of a business. Courts do not want to determine who gets which desk and chair and will likely appoint a trustee to sell all the assets. In mediation, business partners can negotiate the division of company assets including the tangible assets such as computers, desks, and chairs, as well as intangible assets of who gets which clients, contracts, and intellectual property.