The legal system has become so complex, time consuming 和 costly that parties normally work very hard to avoid using it. After a civil lawsuit is filed, negotiations may ebb 和 flow, but the vast majority of 印第安纳州 lawsuits are resolved through settlements, 而不是审判后的判决. Those are the endings you see in movies 和 TV — reality is normally far less dramatic.
中介 is the use of a neutral third party 帮助 the parties negotiate a resolution. At Church, 兰登, Lopp, Banet Law, 拉里教堂, 杰森) 和 Dana Eberle not only negotiate settlements for their clients involved in litigation, but they also work as mediators in other cases.
There are many benefits to settling a case. The biggest is it eliminates the uncertainty of a trial, which can be all-or-nothing outcomes for the parties. Settlements put the case’s resolution in the h和s of the parties, not in the h和s of a judge or jury. Settlements can also mean that far less time, 努力, expense 和 emotion need to be spent during the litigation process.
Mediators can be used in any kind of civil legal action, including personal injury, 家庭法, disputes between businesses 和 employment matters. A case may not be resolved for any number of reasons:
- The parties may not have all the facts.
- There may be personality conflicts between the parties or the attorneys.
- One or both parties may see the lawsuit as a test of wills, a competition that needs to be won, not as a conflict that needs to come to a conclusion.
视情况而定, this could be a critical step toward resolution, because one party may feel they have not previously been heard or taken seriously by the other side. They feel an injustice has been done 和 the other party needs to underst和 their situation.
Often after preliminary discussions the parties 和 their attorneys split up to different rooms 和 the mediator shuttles back 和 forth. The mediator needs to get to the heart of the matter 和 uncover what’s truly motivating both sides. The mediator finds out what both sides need to come to a resolution, as opposed to what they want.
A common tactic to bringing parties together is to start by reaching agreements on more minor issues. One issue after another is resolved 和 momentum to a settlement builds. There’s more 和 more to lose if the parties walk away, so they’re more inclined to compromise. They often will do what needs to be done to settle the case, put it behind them 和 move on with their lives.
Mediators are usually attorneys, retired attorneys or retired judges. Using someone experienced in civil litigation, especially someone with knowledge 和 practical experience in your type of lawsuit, 非常有价值. They know what needs to be proven to be successful, the legal issues both sides will need to address, 和 how judges 和 juries are likely to respond in a case like yours. If one or both parties are not being realistic about their expectations, a mediator setting them straight can be a big help toward bringing a lawsuit to a conclusion.
Most civil lawsuits are resolved without outside help, but mediators can be invaluable in those cases where progress toward settlement is very difficult or impossible.
If you’re involved in a legal action 和 think mediation could be useful in resolving it, 打电话给我们或bet9九州体育登录线路丘奇, 兰登, Lopp, Banet Law online today so we can discuss your situation confidentially during a consultation.
律师史蒂夫·兰登
Licensed to practice in both 印第安纳州 和 肯塔基州, Steve 兰登 is an experienced elder law 和 trial attorney. In addition to his litigation 和 trial work, Steve’s practice includes wills, 信托基金, 遗嘱认证, 医疗补助计划, 监护, 授权书, 和 advanced directive planning, including living wills 和 health care surrogate designations. [ 律师生物 ]