Mediation

James M. Allen is an active Rule 31 Mediator.  Mediation is an informal process in which a neutral person conducts discussions amound the disputing parties designed to enable them to reach a mutually acceptable agreement amount themselves on all or part of the issues in dispute.  The "mediator" is a neutral person, trained and skilled at facilitating communications, negotiations and dispute resolution.  Mediation is cheaper, faster and less stressful than litigation.  And mediation puts you in control of the outcome of your case.

If you feel your case needs mediation, contact us now for a consultation.

Why Choose Mediation?

Mediation offers the best chance that your dispute can be resolved without extensive discovery, the trial preparation and trial itself. Most cases that use mediation are settled where trained attorney-mediators are involved. Moreover, studies show that 90% of persons utilizing mediation are satisfied with the results, while only 15% of parties trying a case to conclusion are satisfied with the results.  Mediation cost are a mere fraction of the cost of taking a case all the way through a trial and, in some cases, appeal. These cost savings can be measured in terms of money, time, and emotional investment in the case.

How Does Mediation Work?

Most cases are scheduled for and conclude within one day.  Occasionally, at the agreement of the parties, the mediation can be continued for multiple days.

Typically, a mediation session consists of three segments: The first is a joint session attended by a mediator, the parties and attorneys or other representatives of the parties. The joint session begins with an introduction by the mediator to explain the mediation process. Often, this is followed by statements by attorneys for each party, or the parties themselves, in which claims or defenses of the parties are outlined and explained.

 

The second part of the mediation process consists of a series of private sessions in which the mediator meets separately with each party. In these sessions, the interests and positions of the parties are explored in great detail and settlement proposals are generated and relayed by the mediator to the other party.  

 

The third part of the process is closure:  If an agreement is reached, it is reduced to writing and the case is settled.

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