Resolution Through Mediation
Denton Mediation Attorney
Isaacks Mediation & Arbitration Services offers various forms of ADR including Mediation. Mediation is the least formal way to introduce a bit of legal oversight to a civil, business, or family dispute. As a legally trained and experienced mediator, Judge Isaacks helps clients in need of mediation by deftly assessing disputes and identifying relevant legal issues in order to come to an objective resolution both parties find agreeable.
Typically, when two parties involved in a legal dispute decide they’d like to avoid taking it to court, mediation is the first step taken. The reasoning, of course, being that it is relatively informal and because it allows parties to work to a mutual resolution in order to remain on good terms. Of course, like all forms of ADR, mediation also allows parties to avoid the typical public scrutiny that accompanies a courtroom trial. Because mediation is so informal, it is also one of the least expensive and most expeditious methods to achieving a legally sound dispute resolution.
The Right Time for Mediation
Because it requires parties to sit down together, mediation is the best for parties who are on relatively good terms. The ability of any mediator to successfully mediate a resolution between two parties involved in civil, family, or business dispute depends in large part on the goodwill of the parties involved.
The following are a few examples of situations where mediation may be the right next legal step for you:
- If you’ve been injured in some way and are seeking a settlement with the party responsible.
- When you are going through a divorce and would like to make the proceedings as informal as possible.
- When you are involved in a workplace dispute with a fellow coworker or your employer
- When a dispute or misunderstanding with a friend, neighbor, relative, or other acquaintance has escalated to the point you’d like to seek some sort of legal resolution.
- When you face questions about your professional or academic integrity that threaten your ability to succeed in your chosen field.
It’s important to remember that mediation is best when both parties are still willing to try to sit down and work things out. In the best situations, the mediator acts as a simple, impartial third party to help ensure the parties can indeed reach an agreement without dissolving their existing relationship(s). In some cases, the issues that mediation may help resolve can escalate to the point that a different form of ADR, such as arbitration. Be sure to discuss your situation with our team so we can help you decide on the best type of ADR for your particular situation.
How the Mediation Process Works
Many people mistakenly think of mediation as a sort of “minitrial.” This is decidedly not the case. Instead, mediation is a far more informal process that can look quite different depending on the situation and style of the mediator. This informal nature makes mediation particularly flexible to meet the different needs of the parties involved. This usually means an expedited and less costly ADR process than arbitration or trial by special judge.
During mediation, the two parties come together, along with the mediator, to try to resolve the dispute in a way both find agreeable. If desired, the mediation process can be kept confidential as can the resulting agreement. At all times and through all steps of the process, Judge Isaacks works tirelessly to ensure the best possible outcome for all parties involved in mediation.
Achieving a Successful Mediation
If you are a party involved in a civil, family, or business dispute – there are several reasons why mediation may be a superior option when compared to litigation. To get the most out of mediation, there are several things you can do to better prepare yourself for the process. These include:
- Come Prepared: Before you show up for the mediation, carefully think of the issues involved in your dispute. Then locate and bring any related documentation, personnel, and anything else that could aid the mediation process. The goal is to come prepared with everything needed to make the process a success.
- Be Willing to Reconcile: One of the key parts of overcoming a dispute between two parties through mediation is being willing to work together to reconcile whatever differences led to the existing dispute. With the focus on ending the dispute, be willing to meet the other party halfway as the alternative likely means arbitration or even litigation.
- Show Patience & Understanding: Typically civil, family, and business disputes arise when both parties feel they are in the right. In situations like these, those involved will have to change their minds or concede something in some way to make the resolution stick. This is the only way the place of mutual understanding needed to reach resolution through mediation can be possible.
- Always Show Respect: Mediation can only work with the goodwill of both parties, so do whatever you can to help increase that goodwill in order to achieve a successful mediation. This means always treat the party you are in a dispute with in as respectful a manner as possible.
- Come Ready to Make a Deal: Mediation isn’t like litigation or arbitration where typically a judge or jury rules in favor of one side over the other. Instead, mediation seeks to help both parties find a place of agreement. The focus here is on preserving the relationship, not on winning the case. In order to give your mediation the best chance of success, come with the mindset that you are here to resolve the dispute, not prove how you are in the right. This will truly give your mediation its best chance at success.
- Offers Made During Mediation are Inadmissible in Future Hearings. If an offer is made, no matter how much your initial reaction to it may be to reject it, try to at least consider a reasonable counteroffer. If an offer is acceptable, then seriously think about taking it. Any offers not agreed upon during mediation will be gone upon its conclusion. Unless you are fully prepared to proceed to the next level of ADR, keep your focus on coming to some sort of agreement.
$600 per side for a half day mediation
$1000 per side for a full day mediation, which includes lunch
These fees are per side and each must bring a check or cash in the appropriate amount at the time of mediation. We also accept Visa, MasterCard, Discover and American Express credit cards.
If you have a need for experienced, confidential, and objective mediator, Isaacks Mediation & Arbitration Services is standing by.