What is Mediation?
Broadly speaking, mediation is any instance in which a third party helps conflicting groups come to an agreement. In law, mediation is a form of alternative dispute resolution (ADR) in which disputes are settled outside of a court trial. ADR has been much heralded as a way to contain the costs and risks in litigation. Resolving legal disputes without a trial allows individuals and businesses to remain in control as they craft unique, customized legal solutions. Rather than entrust a high-stakes conflict to a judge or jury for a winner-take-all decision, participants in mediation have the opportunity to seek the most mutually advantageous resolution.
Is Mediation Your Best Option?
Often, mediation does have many benefits for those in the midst of business disputes. However, it is not a panacea. Some people entertain the notion that mediation can offer clear solutions to every dispute, including breach of contract or shareholder disagreements. This is not always the case. All parties must agree to the outcome of mediation before the matter can be considered resolved.
Sometimes, I advise my clients approaching business litigation to mediate soon after filing a lawsuit – if the facts are clear, and the case fully understood. Sometimes, I advise my clients to wait until discovery has led to an accurate understanding of the probable outcome to their case. Efforts to mediate before a suit is filed are often fruitless. — John McDuff
Is a Successful Outcome Guaranteed?
Inherently, mediation has consequences for failing to reach an agreement: more expense and more risk as you must continue the litigation. Thus, all parties have an incentive to reach an agreement. However, it is folly to believe that a legal dispute will inevitably end with a “win-win” situation through mediation. Rather, the goal is usually to achieve an outcome that both parties can grudgingly accept.
Contact Our Law Firm
I am John McDuff, and I can assist you and your business through representation in mediation. As advocate, I watch out for my clients’ best interests in all aspects and phases of a mediated settlement. The quality of my work as a lawyer is well recognized by my clients & and I have received the AV rating* under Martindale-Hubbell’s peer review rating system. I primarily serve clients in Austin and Central Texas.
*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.