Mediation is an alternative to litigation. While it may not solve every dispute, mediation is becoming increasingly popular for many different reasons. Until recently, it was perhaps best known as a successful alternative to court litigated divorces. Now the advantages and benefits to both parties involved are more widely understood, making mediation the preferable option to traditional litigation.

To help you determine which path to resolution may best suit your needs, we suggest that you consider the following:

Here’s How It Works:

A mediator is the neutral party between two disputing parties. The process of mediation provides a neutral and confidential setting for the participants to discuss their respective views on the issue or cause of the dispute. Both parties have equal weight; both parties determine the settlement, while the mediator facilitates negotiations for them. Mediators facilitate rather than direct the process, which has a well-defined structure, timetable and also creates new opportunities that usual negotiation often lacks.

Discussion and empathy are helpful tools that are not always available in the courtroom. All conversations are private and confidential, and the outcome is fully enforceable in a court of law. The goal is to reach a binding agreement between the parties, which is based on both parties’ complete understanding of the issues, options for settlement, and the alternatives in the event the matter remains unsettled.

If no acceptable resolution can be reached, traditional legal channels remain open.

Here’s Why It Works:

Clients often consider this to be a cost-saving, hassle-free option to resolve family and business issues. For those who are open to the process of mediation and open dialog, parties usually find they have increased control over the outcome, unlike in a courtroom where a judge or jury control the outcome.

The Advantages of Mediation:

Where Mediation Works:

Lawyers and Mediators

As mediators, we encourage parties to develop an agenda, identify key interests, and create a realistic action plan which both parties can commit to and implement. We do this in a time saving, cost-effective way. This approach encourages trust and goodwill.

As attorneys, we, too, are skilled problem solvers, and help parties negotiate reasonable solutions. However, we offer added value based on our legal experience and perspective. We are knowledgeable about the probability of a case’s success in court, and about how much time trial and appeal may take. Routinely, we assist clients by evaluating available options and weighing the merits of settlement proposals. We are aware of a judge’s perspective as well as clients’ expectations about the value of their cases or the likelihood of success at trial.  

Finally, from beginning to end, we check the facts. We make sure every detail is well executed. Often, this can make - or break - a deal.

David N. Bazar, Esq. is available to serve you as either mediator or legal counsel. For free, confidential discussion and clarification, please contact us.