When to Use Mediation

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Mediation is a form of alternative dispute resolution (ADR) process, in which the parties try to settle their conflicts on their own outside a court of law. A neutral third-party mediator oversees the proceedings, but has no power to enforce any settlements. While some mediation processes are ordered by a judge in special circumstances, most are voluntary affairs where both parties mutually agree that it is the best way forward. Moreover, knowing the optimal time to pursue mediation is not easy. Our mediation specialists at Lerner Conflict Resolution Center are happy to provide you valuable insights to help you decide if mediation is the right way forward for your case.

Types of Cases Suitable for Mediation

There are no strict limitations on the applicability of mediation for dispute resolution. You can rely on this process in many different legal disputes, including the following:

  • Divorce, child custody, alimony, child support, etc.
  • Family disputes, elder care matters
  • Guardianship of seniors, estates, and trusts
  • Business, partnership, and contract disputes
  • Civil small claims disputes
  • Neighborhood and community disputes

We have experience in settling a wide range of disputes related to divorce and family law, senior care, probate and estate related issues, small claims, community matters, and more.

Ideal Scenario for a Successful Mediation

The success of a mediation process can be influenced by a wide range of factors. If the following pre-conditions exist in your case, you have higher chances of success in dispute resolution:

Serious Intent: Both parties should enter the process of mediation with good faith and full commitment. If either party is uninterested or feel coerced to participate, mediation may not work.

Open to Compromise: A settlement requires both parties to give up some things as part of the negotiation process. If you are not willing to be flexible, mediation may be difficult, while still remaining easier than litigation.

Patience: Both parties should be willing to listen to what the other side has to say. Without an open mind, you cannot have a successful settlement.

Preparation: An amicable resolution requires a thorough understanding of the dispute. If you don’t do your homework, the settlement may not be in your best interests.

An Expert Mediator: The neutral mediator should have a thorough knowledge and understanding of the legal aspects of the dispute.

When you approach us for mediation at Lerner Conflict Resolution Center, you will get the services of professional mediators who are highly qualified in fields like divorce and family law, estates/trusts/probate, elder disputes, and civil small claims.

Situations Not Suitable for Mediation

Given the potential for cost savings and faster resolution of disputes, mediation is always worth a try before going to court. You can save a lot of stress by keeping away from litigation. And in case the mediation does not lead to a satisfactory resolution, you always have a choice to go to court. However, in certain special circumstances, mediation may not be the ideal choice. Here are some examples:

    • Disputes involving physical or mental abuse of one party
    • A history of alcohol/substance abuse and addiction
    • Mental illness of an involved party
    • One party has no desire for mediation
    • One party has a legal restraint order against the other party

Choose Our Compassionate and Dedicated Mediation Services

At Lerner Conflict Resolution Center, we have years of experience in dealing with complex disputes involving divorce, family law, estate disputes, elder matters, and prenuptial agreements. All our mediation services are offered in a professional and comforting environment from our committed and compassionate mediators.

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