Albietz Law Firm

Specializing in Mediation, Water Law,
Environmental Law & Federal Indian Law

Mediation

Mediation has increasingly become the preferred choice as people realize that their disputes do not have to land in court. Rather, mediation is an alternative which has a track record of over 90% success in resolving not only simple but also complex multi-million dollar multi-party disputes. Resolving disputes in front of a judge of or jury costs everyone much more time and money than resolving those disputes using mediation. Mediation is a process which embodies the concepts of efficiency, empowerment and conservation of everyone's time and energy.

Mediation is voluntary. Parties negotiate their own agreement in a safe setting with the assistance of a trained mediator. Parties choose whether or not to enter into mediation, as well as how long they continue to try to reach a resolution in mediation. The earlier mediation occurs in the litigation process, the more control parties will have over the resolution of their matter.

Parties carry on settlement discussions with confidentiality agreements so that the parties can feel free to discuss facts that are not later admissible in legal proceedings.

The mediator is trained to assist the parties in resolving their dispute with or without their attorneys. The mediator is a neutral facilitator, is not a judge of the issues, and has no authority to decide the outcome of the case. Once the parties reach an agreement, the mediator assists them in deciding how to enforce their agreement.

Historically, agreements resulting from the mediation process hold up over time since the parties themselves craft the terms of the settlement, which includes provisions for enforcement of the agreement.

The following are some other reasons why many choose mediation over litigation:

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