Mediation is an alternative to formal litigation. The attorneys at Anderson Pfeiffer, PC have reputable experience in serving as mediators and representing clients at mediation.
What is mediation?
The mediation process assists parties with settlement discussions and negotiations so that they may resolve their own disputes instead of a judge or a jury deciding who will win and who will lose a case. It also is a chance to avoid the expense and stress of protracted litigation.
Although the court has the authority to order parties to mediation, it truly is a voluntary, confidential process that is aided by a neutral third party called a mediator. Good faith is required, which means the parties are to participate in the mediation with the intent to work toward a resolution of the case to end the litigation. Good faith also means the parties will not use the mediation process for other reasons, such as to further discovery or to serve those in attendance.
Who is the Mediator?
The mediator is an impartial third party facilitator who aids the parties in reaching a mutually acceptable agreement to end litigation. This impartial third party may be appointed by a court or agreed to by the parties. The mediator is not involved in the case, does not choose who should win or lose the case, and does not interfere with the parties’ rights to disclose or not disclose information. The mediator is not present to pass messages from one side to the other, does not work for one side or the other, and will never serve as a witness in the case. Instead, the mediator is the person who makes the process work. He/she carefully listens to the parties, assists in properly identifying the issues, facilitates communication, and offers creative possibilities for a resolution each of the parties may be able to live with.
What are some of the benefits of Mediation?
- Mediation provides an independent, impartial third party to assist with resolution.
- An objective mediator can help identify and clarify issues the parties may not have considered.
- The process can provide a collection of possible solutions.
- Reaching resolution can save time, money and stress.
- Mediation can be the first step toward reconciliation with friends and/or family members.
- Mediation can transform arguments into discussions, and discussions into an agreement/resolution.
- Mediation allows you to cut to the chase, speak freely, and express ideas in a confidential setting.
Who attends Mediation?
The parties and those with full authority to act for or on the behalf of the parties must attend mediation.
Where does Mediation take place?
Mediation generally occurs at a neutral site, such as the mediator’s office or a mediation center, so that the parties and their counsel can be comfortable and be assured of neutrality.
Anderson Pfeiffer, PC mediators have mediated a broad range of areas, including:
- Whether a Will is or is not going to be admitted to probated
- Capacity/undue influence disputes
- Who will serve as the representative of an estate
- Family Settlement Agreements in lieu of the terms of a Will
- Whether a guardianship is needed
- Who will serve as guardian
- Property ownership disputes
- Fiduciary litigation
- Trust litigation
- Estate litigation
- Inheritance disputes
- Guardianship disputes
- Common law marriage disputes
The information furnished is only general and not a substitute for personalized legal advice.