The Value of a Mediator

Legal disputes can be difficult. They take time, they cost money, and they drain the parties emotionally. Indiana allows dispute resolution through mediation. A mediator is a person who is trained as a problem-solver, and who is skilled at bringing parties together.  The idea is to enter into a voluntary effort to explore settlement.  In my view, the better mediators are usually the ones with trial experience, as they can explain trial procedures, admissibility of evidence, judge and jury dynamics, and witness demeanor. Through a mediation effort, the parties voluntarily create the terms and conditions of a settlement, thereby controlling the outcome of their dispute.  This is preferable to having a judge or jury determine the outcome on the basis of evidence and argument. Good mediations are typically personality-driven, both by a mediator with good inter-personal skills and by motivated parties who desire to end their differences.  Concessions may be required of the parties to find that common ground, but meeting the adverse party halfway is oftentimes better than losing the whole thing after a trial. Reasonable people have reasonable disagreements. Voluntarily resolving such differences is a reasonable solution.  Ask Mike about mediating your dispute.

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