Concentrating in the areas of:
The process. The final decision is one that
you create. Unlike the court process you decide how to resolve your dispute.
Neither a judge nor an attorney will tell you what to do. Your agreement
is one that you fashion and you can live with.
The benefit. The final decision is yours.
Unlike the court process where a Judge or an attorney tells you what to
do, you resolve your dispute in a manner most acceptable to you.
The success rate. Every year more cases are
resolved through mediation and fewer cases proceed to trial. There are
many forms of mediation. All forms can be successful and can result in
a resolution with which the parties are satisfied. In a court someone
must win and someone must lose. With the mediation process the goal is
to reach an agreement which is satisfactory to all involved. This results
in a greater success rate in the execution and follow through of the agreement.
You can still go to court. If you are unable
to resolve your case you can still go to court. No one will force you
to settle. A good mediator will only use her skills to assist you in settling
your problem in a satisfactory manner.
It is confidential. Nothing you say will
be disclosed to the courts or any authority. You can feel safe in knowing
everything you say is confidential. Only in a situation where you feel
comfortable to speak your mind is it likely that a settlement will be
reached. It is unlike the legal setting where every word stated is scrutinized
and used by the "other side" to his or her advantage.
The court system is an adversarial process. The process
involves two skilled teams battling for a victory. It is costly and often
results in some form of defeat for both sides. Mediation is a process
that provides a comfortable and safe environment for combative parties
to reach a resolution as well as to protect and enhance relationships
for the future. The relationship may be business or personal in nature.
When parties reach a resolution through mediation it is more likely that
subsequent problems do not arise. The lack of future problems is the result
of both parties have found a mutually acceptable resolution.
Mediators can be attorneys or non-attorneys trained in
dispute resolution. Often attorneys can provide a neutral legal perspective,
which is often very helpful to the parties and the ultimate resolution.
If your mediator is not an attorney it is important to have an attorney
to advise you of the legal consequences of your decision. At SPINDLER
& STERN, P.C. We are seasoned attorneys who can offer you guidance
and assistance in settling your issues. The attorney that will mediate
your issues will remain neutral and not take sides in the matter. As good
mediators we will not judge you or your matter but simply give you assistance
in reaching a quick and lasting resolution.
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