Mediation is one of the many types of alternative dispute resolution. Mediation is done in confidentiality and carried out voluntarily by the disputing parties. The rules of mediation are easy to understand, and disputing parties can complete the process without additional assistance. Rather than have a resolution imposed by the court, mediation allows disputing parties to talk openly about their issues and reach an agreement together.
However, if you are not confident that the opposing party will act appropriately during the mediation process, hire a mediation lawyer. A mediation lawyer can be hired and asked to be present at any point during the mediation process. This includes prior to filing any litigation. By having a lawyer present, each party also benefits from the lawyer’s legal knowledge.
Mediation is especially important for parties that may be disputing estate assets. Families feuding over family property, trusts or other estate assets can cause a lot of strife and trouble for those seeking compromise. These disputes can arise from misunderstandings or resistance to change. It will be up to an experienced estate attorney to look through estate documents to determine any errors or clear up misunderstandings. Further, taking estate disputes to a lawyer before going to court can also beneficial. By choosing a mediator, opposing parties will be able to avoid the public eye of a trial. This can lower the risk of either party digging their heels in and refusing to reach a sound decision.
Before hiring a mediation lawyer, however, make sure that the lawyer you choose is experienced in the mediation process. It is possible to meet lawyers whose focus is on one party’s win rather than reaching a compromise between both parties. Your chosen mediator should understand and support your desire to reach a middle-ground with the opposing party. For estate issues such as the distribution of family property or inheritance, make sure your lawyer is experienced estate planning. Remember that a lawyer could bring their legal knowledge to the table and help guide you both towards a mutually-agreed decision. An estate planning lawyer will be able to understand the legal language of estate documents, better explain and clear up any misunderstanding regarding disputed assets, and even help feuding families reconcile and heal.
If you’re having trouble reaching a decision with an opposing party, contact an experienced mediation attorney. The lawyers at the San Jose and Danville law firm of Temmerman, Cilley & Kohlmann, LLP have experience in mediation and can help conflicting parties reach a compromise.