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Mediation vs. Litigation

/Mediation vs. Litigation
Mediation vs. Litigation 2015-03-24T17:48:09+00:00

Businessmen in Conflct iStock_000001204130Medium (1)When is mediation effective and when should I hire an attorney?

  • Strong intimidation or physical abuse.  Mediation can still be used in these extreme cases.  Parties are kept separate (caucused) during the process.  However, a strong attorney is often helpful and sometimes the only recourse.
  • When the other party refuses to participate in mediation.  A great skill of a mediator is bring parties to the table.  Just because the other party states opposition, does not necessarily mean mediation is ruled out as an option.  Allow the mediator to contact the opposing party.  You may be surprised at the result.  If there is no success, litigation is the only option remaining.
  • When the opposing party refuses to move from an unreasonable position.  Again, a skilled mediator can often create movement from impasse.  If not, the commencement of litigation proceedings will sometimes bring pressure to bear on the other party to resolve the dispute through mediation.