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Legal disputes often break down during settlement negotiations, even when the parties involved are acting in good faith. Mediation offers a way to break through the roadblocks that get in the way of a deal by providing the disputants with the neutral perspective of an experienced third party, called a mediator. However, while the mediator can facilitate discussions, it’s still important to have the support, guidance, and negotiating prowess of your own attorney as you go through this type of alternative dispute resolution. Contact Bristlecone Law today to learn more about how a civil litigation lawyer in Bend, Oregon, can use mediation to help you pursue a fair and favorable settlement to your dispute.
Civil mediation helps parties in a legal dispute or lawsuit negotiate a settlement of their case when informal negotiations between the parties and their counsel fail to produce a settlement. In mediation, the parties will select a neutral third party to serve as the mediator. A mediator does not decide any issues in the case. Instead, their role focuses on helping the parties understand each side’s strengths and weaknesses, see the situation from the other side’s perspective, and suggest settlement solutions. The mediator’s role can facilitate a settlement between parties who initially have had difficulty reaching common ground in initial negotiations.
Parties who participate in civil mediation must do so voluntarily. Contracts can include a provision mandating good-faith participation in mediation of any disputes arising from the contract or its parties’ relationship. Alternatively, parties who find themselves in a legal dispute may choose to submit their case to mediation if they have trouble negotiating a settlement on their own. However, any party may walk away from mediation if they believe further discussions will not yield a settlement.
A mediation involves several steps, including:
These steps lead to negotiations, which may occur with both parties in the same room or with the mediator conveying settlement offers to each party and discussing them separately with each party.
Many types of civil litigation can benefit from mediation, which can help parties move past adversarial feelings that can hinder settlement negotiations. At Bristlecone Law, our attorneys have extensive experience representing Oregonians in mediation for civil disputes or lawsuits involving:
A case may become suitable for mediation when parties express an initial unwillingness to compromise for a settlement or when one or both parties have unrealistic expectations regarding the strength of their claim.
Mediation offers several benefits over litigation and other, more adversarial forms of alternative dispute resolution, including:
Mediation works best when the parties engaged in it each have the help of an experienced lawyer who can prepare them for what to expect and advise them at the mediation session. An attorney can help by investigating the client’s case to recover evidence needed to prove their claims or defenses. A lawyer can also advise the client on the strength of the parties’ respective cases and potential settlement terms.
An attorney can make the initial presentation to the mediator at the first mediation session. During breakout meetings with the mediator, an attorney can help their client understand the mediator’s advice. The attorney can also advise clients on whether to accept or reject settlement proposals and assist with preparing counteroffers.
At a mediation session, you can expect to meet with the opposing party (and their counsel) and the mediator. At the initial session, the parties or their attorneys may take turns presenting their cases and evidence to the mediator to explain their positions. The mediator may then explain their view of the case based on the evidence and arguments the parties have presented. The mediator may also ask the parties about prior settlement negotiations and any issues they have already agreed upon.
After the parties’ presentations, the mediator may split the parties and their lawyers into separate rooms to hold confidential discussions about the strengths and weaknesses of each party’s case, to help them assess their bargaining positions. Mediators may also suggest potential settlement provisions that the parties might agree upon.
A single mediation session may last a half-day or a full day, depending on the complexity of the case. Should the parties not reach a settlement after the initial session, the mediator may suggest additional sessions to address further aspects of the case.
Civil mediation can help you resolve a legal dispute efficiently and privately, protecting your rights and reputation. However, the success of mediation can turn on the quality of your legal representation. Choose a civil mediation lawyer from Bristlecone Law to help you pursue a favorable resolution to your legal dispute because:
When informal settlement negotiations fail to resolve a legal dispute, civil mediation can help you by providing the insight and guidance of an experienced neutral mediator. Contact Bristlecone Law today for a confidential consultation with a litigation attorney in Bend, Oregon. We’ll explain more about the civil mediation process and discuss how it can help you reach a favorable settlement that resolves your dispute with a minimum of stress.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
