What are the Various Types of Legal Mediation Which Can be Used for Resolving Disputes?
If you are planning to utilize legal mediation for resolving your disputes with another party but not sure which type of legal mediation process to use then the details we will be providing here will help you make the right selection. So, let us delve into the details in the following sections.
Types of Legal Mediation
Let us look at two different types of legal mediation and how they can be helpful in resolving disputes.
Here both parties utilize the opportunity to put forward their case to an evaluator who acts like a neutral person. The job of evaluator is to provide his opinion about strengths as well as weaknesses of arguments and evidences provided by both parties as well as suggest ways how to resolve the dispute.
Evalutor is usually someone with expertise in the subject which is the main focus of the dispute. It is worth mentioning here that opinion provided by evaluator is usually not binding but involved parties usually utilize such opinion for reaching a resolution to their dispute.
Instances Where Neutral Evaluation is Suitable
Neutral evaluation as one form of legal mediation is useful where there are certain technical issues and to solve those issues it will be necessary to utilize special expertise. Additionally, it would be the right option where degree of damages is the primary issue to be resolved.
When neutral evaluation is not the right approach?
This option is particularly not useful where there are serious emotional or personal conflicts which will prove to be hindrances in the path to dispute resolution.
These conferences can be voluntary or mandatory. Here involved parties as well as their attorneys get in touch with settlement officer (who acts as a neutral person) or a judge so that likely settlements to the dispute can be discussed.
Additionally, the settlement officer will not be taking a decision but instead the person will be assiting both parties in evaluation of all aspects of the case so that a settlement can be reached which is condusive for both parties.
You need to be aware of the fact that these conferences are the right option where it is possible to reach a settlement. In addition to it, settlement conferences (mandatory) are generally held quite close to when the case will be entering trial.
What are some of the main advantages of legal mediation?
There are several benefits of choosing legal mediation over a court trial.
• It helps to save time since you do not have to go through lengthy court trial process.
• You are also able to reduce your expenses since there is no attorney fee to be paid or court expenses to bear.
• You have better control on process as well as outcome of legal mediation.
• As it is less adversial, you and the other party are able to preserve your replationship.
A Final Note
As we can see, there are several option you can choose from when it comes to legal mediation. These options have several benefits over court proceedings and help you properly resolve your disputes.