Which Cases Make Good Candidates For Mediation?

Parties generally do not think the case could be resolved in mediation. I have experienced this both as a mediator and as an attorney. Although there may be times it is very difficult, nearly every case is a good candidate.

Mediation Can Take A Variable Amount Of Time Depending On The Case

Sometimes everything can be resolved within two hours whereas some mediations have taken up to 12 hours. That is an extreme example, but it can happen. It is generally not a good idea to have people in one session for that much time because everybody gets overtired and tend to not think clearly. They would often either not resolve matter or would end up doing things they later regretted.

A mediation that went past more than six to eight hours should have a recess and the parties could come back to it on another day. Everything would go more smoothly if the parties were comfortable, well fed and thinking clearly.

Mediation Should Not Be Out The Window Even If The Parties Cannot Agree On Everything

One of the things that can happen is the parties can reach a temporary agreement or partial agreement. For example, they agree to divide up certain assets, but then they still have other issues aside from that they can't decide on.

They could reach partial agreements and then either narrow it down and only go to court for the remaining issue or issues, or they could continue the case and set it for a future mediation.

Sometimes, during the mediation, the parties decide they need more information in order to make a decision, so it could be continued. A lot of times, if the matter was not resolved, then at least dialogue has been opened. The parties are more aware of what the other side is willing to do and what everybody's desires are.

Often, after the mediation, even if the issues are not fully resolved, the attorneys may contact each other and end up resolving everything outside of mediation before going to court.

How The Mediation Process Can Be Made Successful?

The parties have to be open and willing to listen to suggestions as opposed to coming in fixated on certain positions. The better they are at listening to each other and to the mediator, the more likely it is that we can reach a resolution.

For more information on Best Cases For Mediation, a free initial consultation is your next best step. Get the information and legal answers you're seeking by calling 352-508-6632 today.