Mediation in McLean is a form of alternative dispute resolution, meaning it is an alternative to a trial. Mediation is much more informal, and it is not binding on either party. Mediation is a good setting for parties to get emotions out where the trial process may not, and probably won’t, allow it.
The setting for a mediation can be anywhere all parties agree to, and almost any place is less intimidating than a courtroom. The process requires a commitment by all parties to be open and honest with the mediator. While there cannot be perjury charges arising from a mediation, lying will hurt your case eventually. The mediator is after all of the facts and the honesty required for maintaining a position of fairness and accuracy in their findings.
Mediators cannot issue rulings, decide legal arguments, or demand that the parties settle. What the mediator can do is help bring out factual issues that impact the mediation, and encourage the parties to look more deeply at the real issues while understanding the consequences of a position. The mediator wants to frame the differences in the context of what really needs to be decided. Sometimes, the parties lose sight of the problem that created the need for mediation or a trial.
The discussion is informal, but it is the mediator’s responsibility to keep the mediation focused. However, the mediator has no power to accomplish this; the process is really consensual among the parties. In fact, any one of the parties can walk out without penalty. While this destroys any fruitful effort on the part of the mediator, it does give the parties true control over the proceedings. The details of the Mediation in McLean are not admissible in court.
The mediator has been trained in effective mediation processes, and if they outline the subtle nuances of a trial as opposed to what the mediation is going to try to achieve, the mediator has a good chance of reaching a resolution. The mediator can answer questions about the law, but they cannot offer an opinion of how the law would apply in their case. Mediation is always worth the effort. Click here to schedule a mediation and determine if you can resolve your case before it reaches the courtroom.
