Professional Mediation With A Corpus Christi Attorney

Overview of Professional Mediation

If you are negotiating during a legal proceeding and those negotiations break down, the help of an experienced mediator may be necessary. The proceeding could be the dispensation of an object left out of a will, settling an insurance claim, or attempting to come to an equitable agreement during a personal injury lawsuit. It could also be any one of a number of things where all of the parties involved just can't agree.Keep in mind, a professional mediator is not an arbiter and won't be able to render a legal judgment in the same way. However, the mediator is there as a peacemaker who is trained in advanced conflict resolution, creative thinking when it comes to solutions and compromise, and evaluating the legal merits of each parties’ case.

Generally, there are two kinds of mediation: evaluative and facilitative. In the case of the former, the mediator is likely going to be an attorney with a focus or specialization in the field of law relevant to the case. In many instances, evaluative mediation is court-ordered or otherwise mandated by applicable federal, state, and/or local law. These mediation attorneys key in on relevant precedents, the legal standing of all of the parties involved, and the merits and/or strength of each party's case. They make suggestions and help to determine equity between all parties. Faciliatative mediators, on the other hand, don't usually make suggestions. Instead, the focus is to encourage all of the involved parties to assess their interests compared to those of the other parties and then work together to come up with an equitable solution that is acceptable to everyone involved.

The Process of Being Represented by a Mediation Attorney

Usually, there are six steps to a mediation process. 

1. Introductory Remarks: The mediator brings all parties into the room, introduces them, and reads opening remarks about the dispute. If it's a family law case, then the mediator will generally ask children to wait outside.

2. Problem Statements: All parties involved, one at a time, will be given the chance to state their cases. In situations where the parties have brought their own lawyers to the mediation, they'll usually speak first, and then their clients will be given a chance to speak. It is highly recommended to have the representation of an attorney during any mediation to ensure the most beneficial outcome for yourself.

3. Information Gathering: The mediator asks questions to gain further understanding of each party's position and wishes regarding the case.

4. Problem Identification: The mediator designates the points of pain and gains acknowledgement from the parties.

5. Bargaining: The mediator seeks to find an equitable solution through compromise.

6. Finalizing an Agreement: When all parties agree, the mediator sees to it that the lawyers involved put everything into writing and have it signed by all parties involved.

We are experienced in numerous fields such as family and business disputes, civil matters, workplace conflicts, and personal injury. If you are seeking a lawyer in any of these legal matters, contact The Best Law Firm for representation today.