How Does Legal Mediation Work and When Should I Consider It? By Greg Burton on April 09, 2023

Not all cases have to go to trial. Most business disputes and civil actions are settled outside of court. Of course, reaching a settlement can take time. If parties encounter difficulty negotiating with each other, they may turn to mediation to help resolve the dispute.

In addition to legal representation in personal injury cases, the Longview, TX, team at G.R. Akin, P.C. can serve as mediators when an agreement seems unreachable. Let’s cover some of the basics of mediation and when it seems like a good option.

Understanding Mediation

Mediation is a dispute resolution process in which a neutral third party helps both sides reach a compromise. The goal is to achieve a mutually agreeable outcome that avoids arbitration or a courtroom battle.

When Is Mediation a Good Option?

Generally speaking, mediation is a good idea if these qualities are shared between the parties in dispute:

Both Sides Are Willing to Compromise - This is essential. Mediation is all about compromise and meeting each other partway. If both sides are amenable to the idea of compromise, that is an excellent starting point.
There Is a Shared Goal of Quick Resolution - Court cases could take months or even years to resolve. Mediation is much faster, which can save you time, money, and stress.
Both Parties Want Control of the Outcome - In a court case, the outcome is determined by a judge and jury. With mediation, the participants can have some say in the final resolution. This sense of control can be crucial for peace of mind.

If your situation fits the above descriptions, we encourage you to contact our Longview law office to discuss mediation.

When Is Mediation a Bad Option?

Mediation is not for everyone. In fact, here are three factors that spell disaster for any mediation attempts:

Both Parties Are Unwilling to Speak - If the parties in dispute are unwilling to communicate and reach a compromise together, there is no reason to pursue this method of dispute resolution.
There Is Not Enough Information Presented - Sometimes the parties involved don’t provide enough information about what happened to reach a compromise in good faith. Withheld medical bills or evidence just draws out and damages a process that should be collaborative rather than combative.
New Information Has Come to Light - If new information about liability or negligence comes to light, that could cause one party to seek civil damages or demand more in their settlement without any sense of compromise.

We’ve outlined a few other issues that will ruin mediation attempts if you would like to learn more.

Weighing All of Your Legal Remedy Options

Mediation could be what you need to avoid a court battle and get back to your normal life. As part of the consultation process, we can discuss your dispute and determine if mediation would be a good fit.

If mediation is not ideal for your situation, we can offer suggestions on the best way forward.