Mediation: A process to Curb Litigation and Resolve Dispute

The formal litigation process is both slow and expensive for parties and results in a court-imposed decision if an earlier settlement cannot be obtained. When parties reach an impasse in efforts to negotiate settlement of pending litigation or a dispute, and efficient and less costly alternative may be mediation.

Mediation involves selection of a neutral mediator who serves to facilitate and improve communication between the parties in an effort to help them reach a mutually acceptable outcome of their own making. the mediator does not attempt to impose a resolution on the parties, but instead seeks to foster better communication and alternate perspectives on the dispute. This is done through a form of “shuttle diplomacy,” with a series of private meetings between the mediator and each party separately. the process is prospective, looking forward to how the parties can reach an agreement with mutual benefit, rather than looking backward at what happened previously between them.

the mediation process is relatively informal, and proceeds until the parties reach an agreement or a further impasse, with many be temporary and lead to further negotiations when the parties are ready, or permanent with the parties proceeding to court on remains disputed issues. Most mediation sessions are completed in a day or less. Because mediation is a voluntary private proceeding between the parties, no court scheduling or procedural process in involved, and therefore mediation can be scheduled very quickly, constrained only by the schedules of the participants.

Mediation is typically far less expensive than trial litigation, and generally much swifter. Any settlement is voluntary and the product of negotiated agreement between the parties, fostered and guided by the trained mediator. The attorneys at Appel & Yost LLP will be happy to discuss the advisability of mediation for any dispute, and can also sere and the neutral mediator for parties already represented by other counsel. Call Robert W. Hallinger ad (717) 304-0521 for questions and answers regarding the mediation process and how it might serve your needs.