Why Choose An Expert In Intellectual Property Law
Mediation, in short, is an opportunity to discuss settling your lawsuit.
The mediator acts as a neutral voice, often a voice of experience who has been through similar disputes in the past and can offer insight that advocates and those involved in the battle oftentimes have difficulty recognizing. A good mediator will help all parties understand the strengths and weaknesses of their case so the parties looks at the realistic outcomes before reaching a decision to settle or not to settle. The process is confidential, allowing the parties to have a frank and honest discussion without fear that what is said may be used against them. The mediator does not decide any issues and will not force a party to settle. No court, mediator or attorney can force a party to settle their case. Unlike an arbitrator or a judge, the mediator’s role is to assist the parties in reaching a settlement of the dispute.
The process is informal and can be easily tailored to the needs of the parties. During the mediation, the parties can meet jointly or meet individually with the mediator. While it is preferred that a resolution be negotiated in a single session, this is not always possible and a mediation may be continued.
Mediation brings together all of the parties and the attorneys in a single location for the sole purpose of exploring alternatives to the time consuming and costly process of a lawsuit. This is a unique occurrence during the litigation process. During a lawsuit, the parties will rarely, if ever, be brought together, short of the trial itself. The success of the mediation process is well documented. Studies have shown that anywhere between 70 -80% of all cases are resolved during the mediation process. Therefore, selecting a mediator that offers the parties the best chance to resolve the dispute is critical.
