Standard mediation services work to keep cases out of the courtroom as much as possible by helping both parties come to a common agreement regarding their dispute. Mediation can be applied to a wide range of situations and cases.
According to some experts, only about 1% of federal civil cases actually go to trial. Agreeing to out of court settlements have become a standard for a number of reasons including the cost and unreliable nature of taking things to trial.
Standard mediation services are used in class action lawsuits to ensure all those impacted by the problem are compensated. This is frequently used with commercial litigation, complex civil litigation, and a variety of other types of cases.
Standard mediation services are also utilized for bankruptcies cases. Whenever there is a bankruptcy, the creditors want to get as much of what they are owed as possible. However, the individual or business filing bankruptcy can not longer meet their financial obligations. A mediator can help determine how much of their total debt, has to be paid back, as well as who gets paid and how much.
There are standards that help to guide this process based on state law regarding bankruptcy, but the mediator has the discretion to work with both sides to find an agreeable outcome.
Standard mediation services are also typically used in divorces. When the two parties can not come to an agreement on the terms of their divorce, a mediator will help to sort through what they are fighting over. This may include property, custody of children or pets. The mediator will work to create an agreement that both parties will sign off on. This is an often long and stressful process, but one that must be done.
Mediators can save time going back and forth to court by getting most of the legwork done in advance. They can help add an outside perspective to an emotional situation, and they can provide people with the reality of the situation, which may differ from what they are thinking should happen. Utilizing mediators can also be significantly less expensive than working solely with lawyers.