Attorneys at law, pllc
Mediation does work! In Montana, the vast majority of district courts now require the parties to all civil cases to attempt mediation prior to a final trial. This is because if given the opportunity, most people want to settle, and mediation gives them that venue. More cases settle because of mediation than ever go to trial.
Mediation gives the parties the opportunity to fashion the terms for resolving their issues, instead of a judge mandating what must happen. Because the parties themselves develop the agreement terms, they are more likely to adhere to the agreement. Furthermore, no court is ever going to know the nuances and facts of a situation better than the parties themselves, so it makes the most sense for those parties find solutions that best fit their unique case.
Importantly, mediation can also streamline the litigation process because by reaching an out of court settlement, the parties avoid the emotional and financial costs of trial preparation, trial, waiting for an outcome, and then possibly an appeal. That process can take years and costs tens of thousands of dollars!
Mediation is a simple and effective alternative dispute resolution method that strives to promote the future relationships and long terms interests of the participants. It is a process that involves a neutral third party, called a mediator, who meets privately with the parties involved to help facilitate an out of court settlement. The mediator does not issue a binding decision, the parties themselves develop and implement the resolution. The mediator may provide options or give perspective, but the ultimate decision on what is agreed upon is entirely up to the party participants. Participants can attend mediation with or without legal counsel, but either way, the mediator will not give legal advice.
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