Corene C. Ford is a certified court appointed mediator. Mediation is a collaborative process where the parties to a dispute agree to hire a third person, the “mediator,” to help them figure out how to resolve their issues. The mediator’s function is the help the parties talk to each other in a productive manner so that the parties themselves can make their own decision about how their problem should be resolved. Mediation can occur before a lawsuit is filed, in an attempt to avoid the lawsuit, or it can occur during a lawsuit and even after a judgment is entered in lawsuit while a case is up on appeal.
Mediation is a great tool to settle disputes, for among others, the following reasons:
Voluntary. The parties do not have to reach an agreement. If the parties do not reach an agreement, they can file a lawsuit or continue with the lawsuit that has already been filed.
The parties maintain control. While both parties may walk away a little unhappy after a successful mediation, they can both live with the outcome. Judges, juries, and arbitrators are unpredictable and that means that at least one party (maybe both) will walk away very unhappy with outcome.
Cost. Mediating before a lawsuit is filed is much less expensive than filing a lawsuit. If the parties are already in a lawsuit, mediating and coming to a resolution is much less expensive than taking a case to trial, which depending on the complexity of the case could cost tens of thousands of dollars.
Maintain Relationships. Many times, disputes arise between parties that will still have to work together after the dispute is over. If the parties can work out a solution to their issues without attacking each other, those relationships are more likely to be preserved.
Confidentiality. What is said in mediation stays in mediation. Nothing that is said or presented in mediation can be used against a party in a court hearing anywhere else, unless the parties agree otherwise. If the parties file a lawsuit, what is filed becomes public. Depending on the situation, the parties may not want the public to know about the details of the dispute.
Mediation is the best tool for resolving most disputes from simple disputes between neighbors to complex commercial disputes with several parties. If you have a dispute with someone and you do not want to go through the hassle, cost, and uncertainty of a lawsuit or arbitration, please give Corene C. Ford a call at (248) 349-6203 or send her an email to see if mediation is right for you.