Many times, in an effort to avoid litigation, both parties will agree to use experienced attorneys who are neutral professionals to assist them in reaching solutions to legal matters, this is Mediation.
There is no forced action to use mediation, everyone must agree to this alternative to litigation where decisions will be made by the authority of the courts. The main benefit of this process is that both parties are able to come up with solutions to solve problems, this facilitates a problem solving where both sides work together.
This mediation process is confidential, meaning that all communication used in the purpose of the mediation will forever remain confidential, and everything will be excluded from evidence if mediation is unsuccessful.
Through this process, at times, clients tend to be more open and communicative, this fosters creativity and flexibility.
If there is a division of Real Estate or a Business, the clients tend to be more willing to have valuations performed without fear that these values will not be used later against them in court proceedings if something does not work out and they are forced into litigation.
Attorneys & Mediation
As experienced advisors and legal representatives, clients are able to have attorneys present during mediation proceedings. This allows for speed of execution as Attorneys are able to review documents as well as conditions proposed during mediation in a timely manner.
Clients are encouraged to have legal representation during complex marital estate proceedings, real estate transactions, business valuations or other various complicated matters. Attorneys can also act as immediate advocates to assist in mediation sessions.