"Traditional litigation is a mistake that must be corrected... For some disputes trials will be the only means, but for many claims trials by adversarial contest must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for really civilized people."
- Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court.
Mediation as an Alternative to the Courts
Mediation is the process wherein two or more parties involved in a dispute present their claims to a neutral third party who is specifically trained in the art of dispute resolution and negotiation. Through a variety of methods employed by the mediator, parties can explore options, make compromises and ultimately find a solution to their conflict that is suitable to all parties involved.
In the civil court system of the United States, there will always be a winner and a loser. No successful mediation creates such disparate results as can be expected in a trial by the courts. In a successful mediation, not only will the parties each leave the mediation feeling satisfied with the outcome, but frequently, the parties will have achieved a measure of understanding of one another that can be the first step towards forgiveness and healing from the often bitter acrimony engendered by these types of disputes.
Furthermore, the costs of traditional litigation can be (and almost invariably are) so substantial when compared to the costs of mediation that it is often in the interest of all parties to explore mediation as a viable alternative.
What to Expect When Submitting a Dispute to Mediation
Once a dispute has reached a point where resorting to the courts is a real consideration, one should contact a mediator to discuss whether such a case is appropriate for mediation. After determining that a case is appropriate for mediation, the parties will schedule a time to meet with the mediator. Sometimes mediation can take only a few hours, depending upon the complexity of the issues, the willingness of the parties to seek a resolution in good faith, and the temperament of the parties. In other cases, the mediation may be broken up in stages of two or more separate meetings. The parties to the dispute will typically split the costs of the mediation. These costs usually include only the time of the mediator and are payable at the conclusion of the final session.
If you are involved in a dispute, or know someone who is, and feel that you might benefit from the help of a mediator, contact us to learn more about this wonderful alternative to litigation.
From within Utah County and Salt Lake County, our law firm represents estate planning and elder law clients from Alpine, Highland, Lehi, American Fork, Saratoga Springs, Eagle Mountain, Sandy, Draper, Herriman, South Jordan, Pleasant Grove, Salt Lake City, Lindon, Provo, Orem, Spanish Fork, Payson, Santaquin, and Springville. The Utah Law Firm of Platt Law, P.C. focuses on Utah estate planning, wills, trusts, estates, probate administration, asset protection, Medical Assistance planning, Medicaid planning & eligibility, Veterans Benefits planning, VA Aid and Attendance planning, elder law, business succession planning, family limited partnerships, real estate and transactional law. With years of experience, attorney RobRoy Platt is an experienced estate planning attorney, trust attorney, probate attorney, asset protection attorney, Medicaid attorney, Veterans Benfits attorney, and elder law attorney. Melissa Platt is an experienced business succession attorney, trust attorney, estate planning attorney, and real estate attorney.