We will attempt to answer some of the most common questions people have about mediation of civil cases; however, if your question is not answered please "ASK KATHY." What is mediation in civil cases?
Mediation is a process that can help parties to a civil lawsuit reach an agreement through the use of a neutral person trained in problem-solving instead of going to trial. A civil lawsuit is generally a case where the parties are suing for money, such as a personal injury, contract disputes or property disputes.
- Who is a mediator in civil cases?
The parties decide who will serve as the mediator. Usually the mediator has no prior relationship with either party. Most private mediators in civil cases are lawyers with special mediation training and experience. Oftentimes the best mediators are litigators with a long history of trying cases in the courtroom. An experienced trial attorney acting as a mediator can bring a unique perspective to the mediation process.
- What kind of civil cases are mediated?
Any type of civil case or issue in a civil case may be mediated so long as the parties agree it should be mediated. In addition, mediation is available before a lawsuit is even filed. The courts encourage mediation of disputes in civil cases for three reasons:
- The court system doesn't have the resources to have a trial in every civil case;
- Often the parties reach a better result in mediation; and
- People are often more satisfied with a mediated resolution rather than an arbitrary decision by a judge.
Here are a few examples of the type of disputes that can be mediated:
- Business disputes (contract/partnership)
- Insurance (claims/coverage/bad faith)
- Claims by and against contractors
- Real estate disputes (leases/title issues)
- Elder abuse
- Legal malpractice
- Property damage
- Personal injuries
- Import-export disputes
- Employment (contracts/discrimination/harassment)
- Civil litigation
- Partnership disputes
- Contract disputes
- What is the cost of civil mediation?
If mediation is successful, the cost of resolving the dispute is usually substantially lesser than if the case goes to trial. Mediators generally charge by the hour. Many cases are resolved in only a few hours.
To talk with an attorney from our firm to discuss our civil mediation services, call 281-486-8125 orcontact us online.