In recent years, it’s a common trend that most of the civil cases end up in Mediation. As per a recent study only about 2% cases in all civil matters in federal and state courts reach trials. With the gradual replacement of trial advocacy by Mediation advocacy, it’s highly essential to know what is Mediation and how beneficial is it for any Fresno Lawyer or any lawyer as well as the plaintiff.
To most of the law professionals, Mediation can work in any type of civil cases. The most important factor in this process is to choose a mediator. Sometimes, the mediator is appointed by the courts to resolve the cases outside of arbitration. However, both the sides have rights to choose their own mediator for resolving their cases in a mutually conducive atmosphere. This not only saves precious time by avoiding trial procedures, but also saves a good amount of money by going for settlement through a mediator.
Many law firms and Fresno Lawyers in California usually are available to mediate cases on behalf of the plaintiffs. However, the court may also assign mediators on a random selection if the parties mutually agree for Mediation. Here are a few advantages that can benefit both lawyers and plaintiffs:
- Mediation is a voluntary process: The process of Mediation is completely voluntary in nature. None of the parties in this process has any obligation for the other and thus reserve the privilege to leave the conversation at any time and for any reason.
- Controlled Approach: Mediation is a controlled process which allows vito power to both the parties. Nothing in this process can be imposed on either party and thus this is always a win-win situation for both parties and their lawyers.
- Confidential process: Usually the process of Mediation is quite confidential up to the extent as desired by the parties. You have the right to keep the proceedings confidential and limited to disclosure to either parties only.
- Informed process of decision making: Mediation is a completely safe procedure allowing you an informed decision making. Either party can include individual or commonly accepted experts in order to facilitate the Mediation process. Experts advises help in resolving the conflicts and never is a determinative factor in Mediation. This also retains all decision making with the parties irrespective of expert advice.
- Impartial and Neutral: Mediation is a process of resolving the conflict with assisted communication. This is purely impartial in nature and the Mediator remains neutral in the entire process of Mediation. This allows parties to discuss in the presence of the mediator, understand various perspectives and reach upon a decision with their conscience. The neutrality factor in the process of Mediation makes it a greatly useful process outside the trial procedure.
- Reasonable and Satisfying: As Mediation helps in taking an informed decision after due negotiation, the outcome is always safe and satisfying for both the parties. The final decision remains in the hands of the parties and no one can compel them to accept any decision. This is a reasonable bargaining over the final settlement outside the court procedures and hence is reasonable and self-satisfying at all occasions.
There are many professional Fresno Lawyer, offering versatile services for various legal matters in Fresno California. Seeking a professional advice and litigating over any legal matter becomes easy with such a professional.