OK. We understand. You have a problem. The other person didn’t do what they were supposed to do and you are mad! In fact, you are down-right ticked off…
What is your natural response? I’m going to sue their a#**! I’ll see them in court! I’ll teach them not to mess with me!
That’s a common reaction in our society today. However, there is something you should know. According to the American Bar Association, in other words, the lawyers themselves. Of those people who go to court:
“For most litigants, the costs of litigating greatly exceed the monetary value of the case.”
In other words, for most people who go to court, the legal fees, court costs and other expenses end up being more than the value of the case… and that doesn’t even consider whether or not the winning party will actually be able to collect the award.
To make matters worse, according to Texas Supreme Court Chief Justice Wallace B. Jefferson courts have been “taken over by institutional interests — the debt collectors and the landlords — and that has had a profound effect. It has taken over the docket and there is no room for the kinds of disputes that common people have.”
And that was all before the Pandemic! Now courts are so backed up, some people are waiting for a court date that simply can’t be set yet! So,
What are you going to do?
This is where mediation comes in. Mediation is much less expensive, much faster and ends up with a result that you agree with.
But first, you need to ask yourself a question. The question is easy, the answer is hard. Because as mad as you are, you have to answer this honestly with yourself: Do you want to end this dispute or do you just want to fight?
If your goal is to fight and teach them a lesson – then, good, court is for you. If, however, your goal is to end this fight, negotiate a deal, put this behind you and move on … then, you should be mediating your dispute.
What is mediation? Mediation is where you and your opposing party sit down together and with the help of a trained neutral party, negotiate an agreement. That neutral party is called a mediator.
Does this mediator determine who is right and wrong? No. The mediator does not make a judgement, does not determine who is right or wrong. The mediator aids the parties in their discussions in an attempt to help them reach their own settlement.
Is the agreement reached after a mediation binding? Yes. When the parties reach an agreement, that agreement is written, signed and binding. However, if the parties do not reach a mutual agreement the mediator does not have the authority to “bind’ the parties to any agreement.
What if I say something in mediation, we don’t reach an agreement, and the opposing party uses what I said in court? Everything in mediation is confidential. Mediation is classified as “settlement discussions” by the court and is therefore not admissible in court.
OK, I’m sure you’ve got a lot more questions. What do you do from here? Contact Mediation Masters. We can answer all of your questions. Let’s just talk. There is no obligation. Find out why mediation is the #1 process for alternative dispute resolution in America. We will help you settle your dispute faster, cheaper and with a result that you agree with.
Contact Mediation Masters now – 303-317-2167
Now doing Virtual Mediation, via Zoom, all across the country!